Several of chief prosecutor Bulelani Ngcuka’s alleged off-the-record comments at a July briefing with black editors were placed on record on Wednesday before the Hefer commission.

The Hefer commission heard on Monday that spying allegations against National Director of Public Prosecutions Bulelani Ngcuka stemmed from the Scorpions’ arms deal investigation. Advocate Stephen Joseph, for former transport minister Mac
Maharaj, told Judge Joos Hefer that ”the whole saga” started with a Scorpions raid at Durban businessman Schabir Shaik’s premises in 2001.

Foreign Affairs special adviser Mo Shaik will have to ”face the consequences” if he disclosed confidential intelligence information, the country’s spy bosses warned on Wednesday. ”We won’t stand by and let people go to television stations to make known privileged documents,” advocate George Bizos told the Hefer commission.

In a case seen as critical for all journalists, the definition of media freedom was heavily disputed on Tuesday in day-long arguments in the Bloemfontein High Court.

Judge president JP Malherbe and Judge DJ Lombard were hearing an urgent application by journalist Ranjeni Munusamy to set aside an order forcing her to testify before the Hefer commission. Judge Joos Hefer said Munusamy had the right to object to certain questions.

Judge Joos Hefer should subpoena members of the intelligence agencies to testify before him, Hefer commission evidence leader Kessie Naidu argued on Monday. ”We should leave the ball fairly and squarely in the agencies’ court,” Naidu said.