Deputy President Jacob Zuma has been invited to appear before the Hefer spy commission - and has declined.

Zuma is, however, standing by his complaints against Scorpions boss Bulelani Ngcuka and Justice Minister Penuell Maduna and could use "other avenues" to pursue his case against his two ANC comrades.

"The deputy president received a letter from Judge Hefer last Friday inviting him to participate in the commission's proceedings," said Zuma's spokesperson, Lakela Kaunda.

Commission spokesman John Bacon confirmed that he had written to Zuma last week, but declined to give details.

The Cape Times understands that Judge Hefer was keen on Zuma - who was once head of ANC intelligence - testifying on his knowledge of spying activities during the apartheid years.

ANC spokesman Smuts Ngonyama issued a statement yesterday saying there was "no basis" for Zuma to appear before the commission.

Ngonyama said Zuma's stint as head of ANC intelligence in the late 1980s and early 1990s meant that "he worked not in his personal capacity but as part of the structures of the ANC and was accountable to the structures of the ANC".

"As the ANC has indicated before, all its records with respect to matters of intelligence were handed over to the relevant state institutions during the period of transition.

"The ANC has no records relevant to the brief of the Hefer Commission.

"There is therefore no basis for the deputy president to appear before the Hefer Commission," said Ngonyama.

With acknowledgements to Jeremy Michaels, Political Bureau and the Cape TImes.