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Nati onal prosecutions head Bulelani Ngcuka yesterday welcomed the findings of the Hefer commission of inquiry that he was "probably never" a spy for the apartheid government.

"He would like to thank the president for setting up the commission, the minister of justice (Penuell Maduna) for leaving no stone unturned, the commission for the work it did, employees of the prosecuting authority, his family and the people of South Africa who supported him," spokesman Makhosini Nkosi said.

Ngcuka had not yet studied the commission's final report, but should issue a statement once he had done so to comment on issues raised, he said.

Possible litigation against his main accusers – former transport minister Mac Maharaj and former intelligence operative Mo Shaik - would form part of that statement.

"Ngcuka is back at work and is going full steam ahead," Nkosi added.

He also welcomed the report on behalf of the prosecuting authority.

"We are happy this matter has finally come to an end. The report vindicates the position we have held all along that he couldn't have been a spy".

The commission said it could find no evidence that Ngcuka had been a spy, but expressed concern that matters in his office "do not appear to be what they should be".

It could, however, make no finding on allegations against Ngcuka of abusing his official powers.

The African National Congress welcomed the findings, but most opposition political parties said the commission had been a waste of time and money.

"The commission is a signal of this government's determination to deal responsibly and sensitively with matters arising out of the country's apartheid past, while working to strengthen the institutions of the new democratic state," the ruling party said in a statement.

The ANC would study the report and reflect on "related processes to establish whether there are any matters on which the organisation needs to pronounce or act".

According to the Democratic Alliance, the commission was "a shameless waste of time and money".

"Ordinary South Africans don't give two hoots about whether or not Bulelani Ngcuka was a spy or not for the apartheid regime; they are more worried about feeding and protecting themselves and their loved ones," said DA justice spokesperson Sheila Camerer.

She said she would table questions in Parliament to establish the cost of the commission's proceedings and whether President Thabo Mbeki and Maduna believed the interests of South Africans were best served by "putting up this expensive circus".

The National Action likened the probe to a cowboy movie.

"The fact that some crooks bit the dust in this cowboy movie is a plus.

But unfortunately, this does not justify the huge expense".

The UDM said Ngcuka should now continue with his job and prosecute Deputy President Jacob Zuma.

Last year, Ngcuka announced Zuma would not be prosecuted despite prima facie evidence linking him to wrongdoing in the government's multi-billion rand arms acquisition deal.

"It would be a disservice to the country to leave a cloud of suspicion hanging over the head of the deputy president," UDM leader Bantu Holomisa said.

"It is a court of law, not Ngcuka, that can clear Zuma's name".

For its part, the Freedom Front Plus said millions of rands were wasted to solve internal ANC disputes, which had nothing to do with government business.

"The question can rightfully be asked whether the Hefer commission was not only created as a smoke screen to distract the attention from the accusations of corruption against the deputy president," said FF Plus leader Pieter Mulder.

The ANC should have appointed an internal commission at its own cost, he added.

The Independent Democrats described the findings as predictable, while the New National Party said the commission was not only irrelevant, but created a dangerous precedent.

It advised Ngcuka to consider legal steps against his accusers.

The presidency was earlier unable to say what action, if any, would be taken against Maharaj and Shaik. Their testimony has been criticised by Hefer as ill-conceived and entirely unsubstantiated.

Shaik is in the employ of the government as an adviser to Foreign Affairs Minister Nkosazana Dlamini-Zuma. Presidential legal adviser Mojanku Gumbi told reporters in Pretoria that if any decisions needed to be taken, it would have to be by other government agencies.

The Department of Public Service and Administration said it would only be in a position to comment on Shaik's position today.

Maharaj resigned last year as a non-executive director of FirstRand amid claims of corruption allegedly involving Shaik's businessman brother, Schabir.

Maharaj was being probed by the prosecuting authority's special investigating directorate, the Scorpions. – Sapa.

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