'The plot is thinning," an advocate leaving the Hefer Commission was heard muttering.

"Actually, the plot might have been lost altogether," he said to himself yesterday.

As the leader of the evidence, advocate Kessie Naidu SC, explained, delays in the evidence of the "accusers" have forced him to present the commission with denials before there are any accusations on the table.

The spy accusations that sparked the commission seem to be fading as the accusers of National Director of Public Prosecutions Bulelani Ngcuka gather evidence before their day in court.

The two main accusers in the Ngcuka spy probe, former transport minister Mac Maharaj and former ANC intelligence operative Mo Shaik, were absent from the commission this week. They indicated that they were busy drawing up statements.

Former Sunday Times journalist Ranjeni Munusamy, who orchestrated the City Press report that sparked the commission, had until today to file an application reviewing a decision by Judge Joos Hefer to compel her to give evidence.

One witness said that from an earlier conversation with Maharaj he had concluded that "Mac was still fishing".

Two witnesses have told the commission they were contacted by either Maharaj or his legal representative and asked questions about Ngcuka's role in the early 1980s.

A message from Maharaj and Mo Shaik's attorney, Yunis Shaik, to the commission stated that they reserve the right to recall witnesses they have not had an opportunity to cross-examine. This wasn't well received.

"They have no such right. If they wish to recall witnesses, they would have to apply for it," Hefer said. "If they are not here, we carry on without them."

Litha Jolobe, chief director of the Department of Housing, told the commission that allegations against Ngcuka were "baseless and devoid of all truth".

"I would prefer for this commission to be stopped immediately. The truth is the best in this case: Ngcuka is not a spy. We were together in the trenches (prison). Why would somebody suffer all that if he was a spy?"

Jolobe said he had phoned senior intelligence operative Ricky Nkondo last month to invite him to his wedding. "He told me there was someone who wanted to talk to me."

Five minutes later, Maharaj phoned Jolobe.

"I got the impression that he and Nkondo were in the same place," Jolobe said under cross-examination.

Jolobe said he knew who Maharaj was but didn't have con tact with him prior to that day.

"Maharaj said he wanted to ask me certain questions about my arrest in the 1980s. Maharaj asked why Ngcuka was arrested after me and asked if someone sold us out.

"He wanted to know if Ngcuka had played a role in my arrest. I told him that was impossible as he was not part of my unit, and nor did he know anything about my unit's operations," Jolobe said.

He added that Maharaj also wanted the contact details for Mbulelo Hongo, who was to give evidence today. Hongo was imprisoned at the same time as Jolobe.

"I told Maharaj that I did not know how to contact him," Jolobe said.

According to Jolobe, Maharaj then asked him to make contact with Hongo and let him know where to find him.

Jolobe said Maharaj phoned him four times after that.

"I was not interested in helping him. Getting myself involved with Mac was not the right thing to do. To get rid of him, I told him that Hongo did not wish to talk to him," Jolobe said.

"He then asked me if I had a sense that Ngcuka had 'gotten to him (Hongo)'."

Jolobe joined the ANC in 1980. He was trained in Swaziland and started operating as a member of Umkhonto weSizwe the next year.

He was deployed to Durban, where he worked under Ntobeko Maqubela. Maqubela, a Sandton attorney, is a close friend of Ngcuka's and gave evidence refuting the spy claims against Ngcuka on Wednesday.

Jolobe was arrested in Durban in November 1981 when he executed instructions, from a person only known as Mr X, to pick up a parcel at the architectural library of the University of Natal.

After being tortured for several hours, he told the security police that Maqubela was the commander of his unit. "I could not take the torture anymore, I succumbed."

Jolobe and Ngcuka were later both sentenced to three and four years' imprisonment respectively for refusing to give evidence against Maqubela.

Meanwhile Glenn Goosen, a Port Elizabeth advocate and former director of investigations at the Truth and Reconciliation Commission, said he had no reason to doubt Vanessa Brereton's confession that she was agent RS452.

Both Maharaj and Mo Shaik confirmed in media reports that they believed agent RS452 was Ngcuka. They have subsequently said it was not their contention that this was his codename.

Advocate George Bizos SC was to lead a team of lawyers today to make submissions about the possible co-operation between intelligence agencies, the police and commission.

With acknowledgements to Jeremy Gordin and The Star.