Isibaya actress Zinhle Mabena is a free woman after spending a night behind bars for alleged conspiracy to murder her estranged husband Robert Ngwenya.

Mabena was arrested on Tuesday morning and detained at Olievenhoutbosch police station in  Centurion, Tshwane.

National Prosecuting Authority (NPA) spokesperson Lumka Mahanjana told Sowetan on Wednesday afternoon that the court decided that more investigation was needed before Mabena's case could be put on the roll.

"The docket was brought to court [and] the matter was not enrolled due to insufficient evidence and [need for] further investigations,” said Mahanjana.

Mabena’s lawyer Joshua Lazarus said the arrest was "an orchestrated scheme to intimidate" his client.

“I act on behalf of Zinhle and confirm that she was unlawfully taken into custody yesterday but [she] is now a free woman after the NPA declined to place the matter on the roll, because of the preposterous nature of the allegations against our client,” Lazarus said.

“We can also confirm that nothing plausible was provided to the authorities to link our client to any crime including but not limited to murder or attempted murder or any conspiracy of sought.

“All these mischievous allegations ironically come from her husband who she has recently filed a divorce against, and against whom our client has obtained an interim protection order.”

Police spokesperson Captain Kay Makhubele refused to comment when asked if police had acted unlawfully in arresting Mabena.