Peet Viljoen to appeal after court denies bail
A magistrate ruled that a disbarred Pretoria attorney poses a flight risk and lacks assets in South Africa when she denied his Schedule 5 bail application.
Disbarred attorney Peet Viljoen’s legal team is preparing to appeal after the Pretoria Specialised Commercial Crimes Court denied him bail today (August 17).
Peet’s attorney, André Steenkamp, told Caxton Network News that the legal team was consulting on the next steps but would definitely appeal the decision.
“We are busy with consultations, but we are definitely going to appeal,” Steenkamp said.
He declined to comment on Peet’s emotional state after more than two months behind bars, saying he would first have to speak to his client.
Peet appeared in court for the fifth time since his arrest on June 16 at the OR Tambo Airport. He faces around 400 charges, including fraud, theft, forgery and corruption linked to the alleged fraudulent sale of 46 Johannesburg Property Company (JPC)-owned properties worth R27m.
His wife, Mel Viljoen, broke down in tears as Magistrate Nicca Setshogoe delivered her judgement, during which she stated that releasing Peet on bail would not be in the interests of justice.
Because Peet faces Schedule 5 offences, he was required to satisfy the court that exceptional circumstances existed that justified his release on bail.
Setshogoe found that Peet had failed to meet that requirement.
Flight risk concerns
The magistrate also found that he posed a flight risk and could interfere with state witnesses, referring to comments and alleged threats he had previously made.
She further found that the addresses provided for Peet were not satisfactory and noted that he did not have assets in South Africa.
Peet had previously provided the address of Mel’s brother, where she is currently staying, as one of the addresses relevant to his bail application.
During the bail proceedings, the defence also argued that Peet should not have been required to apply for bail for a second time after an earlier case was set aside.
The defence described the situation as irregular, arguing that although the previous matter had been set aside, Peet’s original bail had never been cancelled.
According to Setshogoe, however, the high court had set aside the previous proceedings and ordered that the matter start afresh, while suspending the original bail order.
NPA welcomes ruling
In a statement, National Prosecuting Authority (NPA) spokesperson Lumka Mahanjana welcomed the decision to deny Peet bail.
“As the state, we welcome the ruling by the court to deny Viljoen bail. You must understand that as the state, we initially opposed his release on bail because we indicated to the court that he was a flight risk because he doesn’t have any address in South Africa, as he has just been deported to South Africa [for alleged shoplifting], and the magistrate agreed with us,” Mahanjana said.
She said the magistrate had also found that Peet’s release could undermine public confidence.
Setshogoe also addressed the Tammy Taylor matter in her judgment.
The Hawks confirmed on June 22 that they had concluded their investigation into an alleged Tammy Taylor franchise scam and referred the docket to the NPA for a decision on whether to prosecute the Viljoens.
Hawks spokesperson Lieutenant Colonel Granville Meyer said the Hawks were still awaiting feedback from the NPA.
“The court cannot ignore the fact that additional fraud charges were brought against Viljoen between 2021 and 2023, while he had already been granted bail in 2010,” Setshogoe said.
The case has been postponed to September 4.
Caxton Network News sent questions to Mel, but she said she was in a consultation. She had not responded by the time of publishing.
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