Bloemfontein

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.

It is showtime for former ANC intelligence operatives Mac Maharaj and Mo Shaik who accuse South Africa’s chief prosecutor Bulelani Ngcuka of being a spy for the apartheid government and of having abused his current office for personal gain. Both have been given a deadline for Monday by Judge Joos Hefer to present their evidence before him or face possible imprisonment.

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.

The Bloemfontein High Court on Tuesday dismissed with costs an application by journalist Ranjeni Munusamy to protect her from testifying before the Hefer commission. Judge president JP Malherbe found that Hefer’s ruling that she must testify before other witnesses are called did not violate her constitutional rights.

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.

Testimony by journalist Ranjeni Munusamy before the Hefer Commission will be inadmissible hearsay evidence, the Bloemfontein High Court heard on Tuesday. ”All her evidence would be second hand, and maybe even third or fourth hand,” advocate John Campbell, for Munusamy, argued.

The Freedom of Expression Institute and the South African History Archive said on Tuesday they were dismayed at the country’s intelligence agencies for not cooperating with the Hefer commission. They said the intelligence services had made it clear they were going to make it as difficult as possible for the commission to access their records.

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.

Testimony before the Hefer Commission on Friday refuted three of the earlier allegations against South Africa’s chief prosecutor Bulelani Ngcuka, whom the commission is probing.

The country’s intelligence community took a hard line on Friday in response to the requested disclosure of their files to the Hefer Commission. Advocate George Bizos, SC, said the various agencies were ”appalled” by the ”dropping” of an NIA name in testimony before the commission.

Friday’s public hearings of the Hefer Commission are expected to provide greater clarity on the availability of apartheid-era intelligence files to aid its investigation. Advocate George Bizos SC is scheduled to make a submission during the day on behalf of the country’s intelligence agencies.

Judge Joos Hefer found on Wednesday that the Constitution did not grant immunity from testifying to every journalist in all circumstances. ”A journalist, like any other person, (is) obliged to testify but is entitled to refuse to answer any particular question against which there is a valid objection,” he said.

Despite objections, the opening submissions of Mac Maharaj and Mo Shaik before the Hefer Commission of Inquiry were postponed on Wednesday to November 17. The two men’s advocate, Stephen Joseph SC, asked Judge Joos Hefer for the postponement, saying it was needed to obtain apartheid-era documents to support their testimony.

The Hefer commission adjourned on Wednesday in Bloemfontein within the first 15 minutes of its first public hearing at the Supreme Court of Appeal. Judge Joos Hefer postponed proceedings until Thursday morning after lawyer for main accusers Mac Maharaj and Mo Shaik had indicated they were not ready to proceed. Both men were present at the hearing.