Hefer's spokesperson John Bacon yesterday said evidence leader Kessie Naidu and Ngcuka's advocate Marumo Moerane would instead reply to submissions made on Friday by Advocate George Bizos, SC, on behalf of the country's intelligence services.
In a submission on behalf of the security services the human rights lawyer pointed out that legislation prohibited the unauthorised disclosure of confidential information.
This included the identities of spies.
The restrictive regulations related to all current and former intelligence officers, including those who before 1994 worked for government or the liberation movements.
Nobody may "go to soapboxes or reporters" to disclose such information.
Breaches of this law were serious offences, Bizos warned.
He said it was unclear why the agencies now had to provide proving documentation if "people" (meaning Ngcuka's accusers, former transport minister Mac Maharaj and current foreign affairs special adviser Mo Shaik) earlier stated they already had the relevant documents.
Bizos said they were then using "too long a rod and too long a line" by trying to retrieve it from the agencies.
He continued that a common legal principle was that accusers had to provide evidence to prove their allegations.
"If they can't, the commission will know what to do".
Bacon said no further witnesses were scheduled to appear for the week.
The commission might today adjourn to next week or November 17. – Sapa.
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