Without access, there can't be a report," Advocate Kessie Naidu SC told the Hefer Commission on Monday.

Naidu, leading evidence for the commission, said that without access to intelligence documentation, the commission would not be able to report to President Thabo Mbeki.

He said they could not rely solely on searches done by the National Intelligence Agency (NIA) as this might lead to the main accusers, former transport minister Mac Maharaj and foreign affairs department adviser Mo Shaik, "crying foul".

On Friday, the battle lines were drawn as submissions by legal teams for the commission investigators, National Director of Public Prosecutions Bulelani Ngcuka and Minister of Justice Penuell Maduna escalated into what Judge Joos Hefer on occasion labelled "intemperate language".

Naidu on Monday added his voice to that of Norman Arendse SC, counsel for the minister of justice, who said this morning that submissions by the NIA on Friday were singularly unhelpful.

On Monday, Naidu and Ngcuka's legal team were expected to suggest that Hefer challenge some constraints to accessing classified information.

Commission secretary John Bacon said at the weekend a decision on the course of action could be expected by the end of the week.

It also seems increasingly likely that the commission's work will not be wrapped up by the end of the year. "It is very hard to say how long the commission will have to sit. It will depend a lot on information to come out, documentary and otherwise," Naidu said.

The commission was set up last month to investigate claims that Ngcuka was an apartheid-era spy and that he and Maduna abused their respective offices because of their "obligations" to the previous regime.

Tempers flared as Arendse accused the intelligence agencies of being unhelpful.

"We want the list (of apartheid-era spies). My instructions are that there is no reason why the (intelligence agencies') directors-general cannot be subpoenaed to give us the list," he said.

However, the procedure prescribed by law to access classified information is peppered with set time-period, application, appeal and review procedures.

The commission has already missed its first deadline - October 19 - to report to Mbeki. Since its establishment, no evidence of spying for the apartheid government has been placed before the commission by Maharaj and Shaik.

They have been granted a postponement until November 17 for their testimony and have given the commission the responsibility of sourcing a seven-page list of classified documents to prove that Ngcuka was an apartheid agent.

In addition, key witnesses have refused to testify.

With acknowledgements to Estelle Ellis, Christelle Terreblanch, Makhudu Sefara and The Star.