Until now, the Viljoens’ narrative was that Peet Viljoen was disbarred as an attorney due to his arrest in a criminal case, but this is not true.
Peet Viljoen, of Tammy Taylor fame, returned to the spotlight when he left South Africa for Miami and launched a website with a South African address, offering his services as a lawyer despite being disbarred.
In the wake of the Legal Practice Council (LPC) confirming that he may not practice law, his website content was changed to label him as a “labour broker” instead. His wife, Melany, admitted to The Citizen that she made the changes.
In ongoing correspondence with The Citizen and on their podcast, the Viljoen couple maintain that Peet’s 2011 disbarment was the result of his arrest in a criminal case that prevented him from attending court proceedings to defend himself, while continuously calling the LPC “useless” and “corrupt”.
Kabelo Letebele, senior manager for communication and engagements at the LPC, confirmed that Peet was disbarred in 2011 and that he is not a legal practitioner in South Africa.
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Was Peet Viljoen really disbarred because of the land theft case?
The Citizen requested clarification from the LPC and its predecessor and scoured court records. It can confirm the series of events leading to his name being struck from the roll of practising attorneys.
In 2011, the Law Society of the Northern Provinces (LSNP) asked the High Court in Pretoria to disbar Viljoen after finding him guilty of “unprofessional, dishonourable and inappropriate behaviour”, concluding that he was “not a fit and proper person” to practise law.
According to an affidavit submitted by the provincial law society, Viljoen – a conveyancer at the time – gave a home loan broker and facilitator a Porsche 911 Carrera 4 to use. He said the car would remain registered in his name because he would pay the monthly instalments and would also give him a tax benefit. She used the car for two and a half years.
That was not all. According to the affidavit, Viljoen also gave her a Rolex watch worth R45 000, Carol Boyes crockery and cutlery worth R60 000, and a jet ski worth R130 000. Viljoen earned fees of between R500 000 and R700 000 a month from this arrangement.
It is believed he was involved in touting, had a trust shortfall of R460 000 (which was later refunded), he failed to keep proper accounting records at his law firm, he did not comply with several sections of the Attorneys Act and Rules, and he did not submit his law firm’s audit report for the period ending 28 February 2007.
The broker’s husband, who was an office manager at one of Viljoen’s offices, also alleged that Viljoen physically attacked him. He allegedly also threatened to get people who would kill him and his wife.
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Did Peet Viljoen get the opportunity to defend himself?
While Viljoen alleges he was not given the opportunity to defend himself, court records show he opposed the disbarment application. Viljoen admitted that he gave the broker a car, but said it was agreed that she would act as his public relations officer, and that it would therefore be important that she had a certain image.
He also admitted giving her a Rolex watch, but said it was not in working condition, and the broker had it repaired and paid for it herself. He denied having gifted crockery and cutlery.
In addition, Viljoen said that his first wife owned a Carol Boyes store and that the broker bought items from it. He also pointed out that he only let the broker “borrow” the jet ski.
ALSO READ: No, Peet Viljoen of Tammy Taylor fame did not start a bank in SA as he claims
What did the first LPC investigation find?
The LPC investigation found that Viljoen did not ensure the necessary controls to ensure that his firm’s accounting was up to date. Therefore, the investigator could not determine the position of the firm’s trust account. The Law Society’s application was successful.
The court documents make no mention of the case where land was stolen from the City of Johannesburg. According to court records on the South African Legal Information Institute (SAFLII) website, Viljoen was one of seven accused facing 399 charges, including fraud, forgery, uttering and corruption.
In an email to The Citizen, Mel Viljoen stated that “five judges of the appellate court unanimously ruled that the Law Society acted in malicious litigation when they attempted to creatively bar Peet”. However, the judgment preceded his disbarment. She also labelled the Law Society of the Northern Provinces’ 2010 refusal to issue his firm’s fidelity fund certificate as unlawful.
Despite multiple searches and Mel Viljoen’s assertion that two judges called Peet the smartest, best, and most handsome lawyer to come out of Pretoria, no such court record could be found. She maintains that he is the victim of an orchestrated set of events, criticising The Citizen for its reporting.
“You refuse to report that Peet was eventually disbarred after his arrest when the erstwhile law society enrolled their abandoned disbarment application (postponed sine die for three years). The criminal case was just added on top, and the judge would not allow Peet a postponement to properly answer.”
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Did the Law Society disband itself to escape Peet’s court orders?
Melany then alleges that Viljoen served a proper notice of appeal against the disbarment, but the Law Society disbanded itself and the appeal was never heard and can never be heard.
“You refuse to report that the erstwhile law society disbanded itself to escape Peet’s cost orders and claim for damages,” she added.
“This was not justice; it was opportunism,” she says.
While Melany maintains that Peet’s application for admission to the new LPC was not opposed, the body has publicly indicated that he cannot be considered a legal practitioner.
“You refuse to report that Peet only abandoned that application after learning that he is declared ‘persona non grata’ by the LPC based on his government-sponsored racial laws and views,” she continued.
“This is a political declaration that again proves the bias against Peet from his peers. Many first-time events were missed by you due to your bias and incompetence. We will report on what your dodgy news pamphlet won’t.”
ALSO READ: Judge orders Viljoens to immediately stop using Tammy Taylor trademark
The dangers of using AI in law
Her AI summary of events echoed her above interpretation of events, also saying that Viljoen had been “unfairly targeted long before any criminal allegations existed”.
A legal expert has weighed in on the dangers of using AI for drafting legal opinions or comments, pointing out its ability to cater responses in accordance with human bias.
In response to Peet seeking to practice law in the US, he said: “The USA will and, as far as I am aware, must insist on a letter of good standing from the LPC in South Africa for Viljoen to be admitted to practice law in some or most of its federal states.”
