Commission evidence leader Kessie Naidu told Judge Joos Hefer that his secretariat contacted the two men's representative, Yunis Shaik, this week.
This followed a reported confession by former Eastern Cape human rights lawyer Vanessa Brereton, now living in London, that she had in fact been apartheid era spy RS452.
The commission consequently wanted to establish whether Maharaj and Shaik believed that Ngcuka had been agent RS452, Naidu said.
"That is not their contention," Yunis Shaik responded when asked.
This was despite Maharaj and Shaik appearing recently in television interviews to confirm a newspaper report that Ngcuka was the most likely agent RS452.
It was one of the main allegations the Hefer Commission was set up to investigate.
Ngcuka's advocate Marumo Moerane reacted by asking the commission to re-establish the factual allegations against his client.
He demanded that Maharaj and Shaik provide the commission with documentary evidence to back up their claims.
Naidu said the two men were asked in a letter going out yesterday to provide preliminary statements as well as all documentary evidence in their possession.
Their opening submissions before the commission were postponed last week to November 17.
They requested the postponement so that a large number of apartheid-era intelligence files could first be scoured to support their testimony. – Sapa.
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