Disbarred attorney Peet Viljoen has been denied bail after the Pretoria Specialised Commercial Crimes Court found that he poses a flight risk and does not have a fixed address in South Africa.
Magistrate Nicca Setshogoe delivered her judgment on Monday, beginning by outlining the requirements under the Criminal Procedure Act that must be satisfied before an accused person can be released on bail.
Setshogoe also considered the history of the criminal case against Viljoen, who is facing about 400 charges, including fraud, corruption, theft, forgery and perjury.
In his bail application, Viljoen maintained that he was still technically on bail in the matter and had not breached his bail conditions.
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But Setshogoe said the court could not ignore the fact that, while Viljoen was out on bail, additional fraud cases were registered against him between 2021 and 2023 relating to the alleged fraudulent sale of Tammy Taylor franchises.
The magistrate also raised concerns about Viljoen’s residential circumstances.
According to Setshogoe, Viljoen does not have a fixed address in South Africa, a factor she considered significant in determining whether he would stand trial if released.
The court further considered allegations that Viljoen had intimidated State witnesses and the investigating officer.
These factors ultimately weighed against his release. Setshogoe found that Viljoen was a flight risk and dismissed his bail application. The decision means Viljoen will remain in custody while his criminal case proceeds.
Lengthy bail hearing
The ruling comes after a lengthy bail hearing in which Viljoen denied being a flight risk and told the court that he was willing to surrender his passport.
He had also argued that he had returned to South Africa despite having the option of being deported elsewhere after his US immigration troubles.
Viljoen told the court that he could not return to the United States (US) because he had signed a document barring him from entering the country for 10 years.
He further claimed that he and his wife, Mel Viljoen, had business interests in South Africa, including approximately R6 million worth of beauty product stock, and intended to establish a coffee shop and restart their beauty business.
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The State, however, disputed his claims and argued that Viljoen had disposed of his South African assets before relocating to the US.
The prosecution also told the court that Home Affairs records indicated there was no evidence that Viljoen and Mel had returned to South Africa after leaving the country.
The State further alleged that the couple remained in the US after their visas were revoked in October 2025.
Viljoen faces charges arising from an alleged scheme involving the fraudulent sale of City of Johannesburg properties.
The State alleges that properties worth approximately R27 million were transferred using forged documents.
Viljoen has denied wrongdoing and has maintained that the State’s case is weak.
He also told the court that he intends suing the National Prosecuting Authority for R500 million over what he described as an unlawful prosecution.
As Setshogoe delivered the decision, his wife was visibly emotional and broke down in tears following the court’s refusal to release her husband on bail.
Viljoen will remain behind bars pending the continuation of the criminal proceedings against him on September,4.
- Disbarred attorney Peet Viljoen was denied bail by the Pretoria Specialised Commercial Crimes Court due to being a flight risk and lacking a fixed South African address.
- Viljoen faces about 400 charges, including fraud, corruption, theft, forgery, and perjury, with additional fraud cases registered against him between 2021 and 2023.
- Magistrate Nicca Setshogoe cited concerns over Viljoen allegedly intimidating State witnesses and the investigating officer, influencing the bail denial.
- Viljoen claimed he could not return to the US due to a 10-year ban and stated he and his wife intended to pursue business interests in South Africa.
- The court ruling keeps Viljoen in custody, with criminal proceedings to continue on September 4.
