It is not yet clear whether former intelligence officer Mo Shaik will face criminal proceedings for apparently contravening laws governing disclosure of classified information. Shaik admitted to the Hefer commission that he had a secret database containing information on suspected apartheid spies. He later handed 10 CDROMS containing the information to the legal adviser of Intelligence Minister Lindiwe Sisulu.

The agency would not say what action it would take against Shaik as it was taking legal advice and waiting for developments at the Hefer commission.

According to the Intelligence Services Act of 2002, former intelligence agency members are not allowed to disclose classified information without permission from the director-general of the National Intelligence Agency.

This applies to any information or material received by a former member during or after employment with the intelligence services and marked as classified, or which the former member knew or ought reasonably to have known was classified.

The National Prosecuting Authority said it would take no action unless an aggrieved party sent the matter to police, who would then refer it to the authority. Spokesman Makhosini Nkosi said if the matter was taken to the authority it would prosecute if there was a strong possibility of conviction.

With acknowledgements to Ernest Mabuza, Sapa and the Mail&Guardian.