‘‘One minute spent in custody is one minute too much." With these words, acting Pretoria High Court judge Johan Kruger last night ordered the release of detained Sunday Times journalist Mzilikazi wa Afrika.

With these words, acting Pretoria High Court judge Johan Kruger last night ordered the release of detained Sunday Times journalist Mzilikazi wa Afrika.

Kruger said that while the police have powers of safeguarding the community, the freedom of an individual is of constitutional value.

His order came after a day of confusion in which police refused to release the journalist - even after three Mpumalanga prosecutors had dismissed the case against him on the basis of insufficient evidence.

The Sunday Times then launched an urgent application in the high court to secure Wa Afrika's release.

After negotiations between the newspaper's lawyers and the police's legal team, it was agreed that Wa Afrika would be released from Nelspruit police station last night into the care of the Sunday Times' lawyer, Eric van den Berg.

Soon after his release late last night, Wa Afrika said: ''I am shocked that [Hawks spokesman Musa] Zondi has lied to the public. This is a clear abuse of state power. Zondi is not telling the truth.''

A formal bail application is expected to be heard in the Nelspruit Regional Court at 9am today.

Until late last night, the police had given contradictory information about Wa Afrika's whereabouts and had refused to release him, despite the National Prosecuting Authority's decision not to charge him.

At one stage, Zondi told Van den Berg that the journalist was being driven from Nelspruit to Pretoria, though this was not the case. He later told a Times reporter that Wa Afrika was being held at the Waterval Boven police cells. After this he told another Times journalist that the detained reporter was being held at Nelspruit Central police station.

Earlier yesterday, Advocate Renier Spies, for the Sunday Times, said the three prosecutors (Marius van Heerden, senior public prosecutor Ansie Venter and Isabeth Erwee) had said there was insufficient evidence for them to prosecute the case and Wa Afrika should be freed.

"They all gave instructions that the docket should not be enrolled in any of Mpumalanga's courts," said Van den Berg.

Arnold Meyer, senior counsel for the Sunday Times, said last night: "The mere fact that they kept him for a day without legal representation is in itself suspicious."

Advocate Salie Joubert SC, representing the police, opposed Wa Afrika's release, saying there was a prima facie case of either fraud or defeating the ends of justice.

Wa Afrika was arrested at the Sunday Times offices in Johannesburg on Wednesday morning.

He was driven to Mpumalanga and held overnight in Waterval Boven.

At 2am yesterday, Wa Afrika was woken to be interrogated by the Hawks.

Yesterday, the kaBokweni District Court refused to prosecute his case when the state prosecutor said Wa Afrika had no case to answer.

But, instead of releasing Wa Afrika, as required by law, the police reinstated the charges against him and kept him in custody.

Earlier yesterday, Zondi said the Hawks had reinstated the charges against Wa Afrika and were continuing to prosecute the case.

"We are pursuing the case and charges against Mzilikazi have been reinstated. The case is continuing."

After last night's ruling, Sunday Times editor Ray Hartley said: ''We are extremely happy that Mzilikazi has been released. We are however disappointed that the Hawks want to continue with the case. My advice to them is when you are in a hole stop digging.''

Hartley earlier condemned the police for refusing to release Wa Afrika, saying it was ''nothing less than the detention without trial of a journalist'', and appealed to President Jacob Zuma to intervene.

A spokesman for the Cabinet said yesterday that a meeting would be arranged between Zuma, editors and media proprietors.

Briefing the media after a Cabinet meeting yesterday, Themba Maseko said the government wanted the media to understand the context of recent events - events that had been widely interpreted as a clampdown on press freedom.

''The Cabinet wanted the media "to know where we are coming from".

"There is no intention or plan to muzzle the media in any shape or form," Maseko said.

"The government does not see the media as enemies."

Maseko said the Cabinet had not been aware of Wa Afrika's arrest when it met on Wednesday.

But he acknowledged that the arrest - coming on top of the controversial Protection of Information Bill and the ANC's campaign for a media appeals tribunal - could create the impression that a crackdown was under way.

The National Prosecuting Authority said yesterday that it was working with the Hawks but could not divulge details of their interaction.

Though the Hawks said Wa Afrika was arrested in his private capacity, and not as a journalist, it has become clear that his arrest is linked to a letter purportedly written by Mpumalanga premier David Mabuza in which he notifies Zuma of his resignation .

The letter, allegedly forged, was faxed to Wa Afrika from a school in the province. Two other people have been arrested in connection with the letter. The Sunday Times did not publish a story about the letter.

The ANC said yesterday that Wa Afrika's arrest had nothing to do with its tribunal proposals. Spokesman Ishmael Mnisi said police must be given space in which to do their work without undue pressure.