The prosecuting authorities in Nelspruit, Mpumalanga, have confirmed that they will not prosecute our journalist, Mzilikazi wa Afrika, due to lack of evidence for his so-called crime of "fraud".

Yet the police are refusing to release him from custody in flagrant violation of the spirit of the law. This is nothing less than the detention without trial of a journalist.

This confirms our worst suspicions that the heavy-handed operation against Mzilikazi was, from the outset, designed to intimidate him and the Sunday Times and had no serious legal purpose.

Mzilikazi’s legal representatives will tonight seek an urgent interdict in the High Court in Pretoria to have him released from jail.

We are extremely concerned about the well-being of a second “suspect” in this case who was arrested more than 48 hours ago, but has not been brought to trial.

We call on President Jacob Zuma to instruct the Commissioner of Police, Bheki Cele, to call a halt to this campaign of intimidation and to release Mzilikazi as this abuse of justice is causing deep embarrassment to this country.

He must reassure the nation that it is not the intention of his government to use law enforcement agencies to launch an assault on the the freedom of the press to operate.

Earlier Hawks spokesman Musa Zondi said after further discussion the charges against Wa Afrika were reinstated and he will appear in court tomorrow morning.

Ray Hartley is Editor of Sunday Times