Cape Town - Frank Kahn, the Western Cape director of public prosecutions, on Monday decided not to prosecute Noseweek magazine editor Martin Welz for criminal defamation, but said it was a disgrace that unsubstantiated allegations were published.

In a statement, Kahn said his decision followed Welz's retraction and apology for an editorial published in issue 32 of the magazine which resulted in the complaint of criminal defamation.

The editorial alleged that Public Protector Selby Baqwa, National Director of Public Prosecutions Bulelani Ngcuka and Land Claims Court Judge Fikile Bam had attended a secret meeting at ANC Chief Whip Tony Yengeni's home in December about the arms deal.

Kahn said that after investigation by his office for more than a month, no evidence justifying the claims was found.

"As far as I am concerned it is a disgrace that allegations of this nature were published in the first place."

However, in the light of Welz's retraction and apology he had decided not to institute a criminal prosecution.

In a letter to Kahn dated June 11, Welz said he was informed by his legal representative that the complainants denied ever attending a meeting as described.

"I accept that such a meeting involving the three complainants never took place. I regret any harm that the article may have caused," Welz wrote.

With acknowledgment to Sapa and News24.