Disbarred attorney Peet Viljoen’s bid for bail has been postponed to July 23 after his legal team successfully requested more time to respond to a 458-page bundle of evidence presented by the state in the Pretoria Specialised Commercial Crimes Court.
Viljoen, who faces about 400 charges including fraud, corruption, theft, forgery, uttering and perjury linked to an alleged R27-million City of Johannesburg property fraud scheme, remains in custody after the court ruled that fairness required the defence to be allowed to prepare a replying affidavit.
The postponement followed lengthy legal arguments over the state’s evidence after prosecutor Willem van Zyl read portions of the investigating officer’s affidavit and its annexures into the court record.
Relevance of old allegations in question
The defence advocate Steenkamp repeatedly questioned the relevance of several documents relied upon by the State, noting that many dated back more than a decade.
“We’ve been listening to documents from 2011, lawyers’ trust statements and bank records. Surely there must be some relevance,” he submitted.
Steenkamp argued that the state was relying on allegations contained in old criminal dockets that never resulted in arrests or prosecutions.
“I understand the legal basis, but some of these matters were allegedly opened in 2006, 2008 and 2012. The accused has never been prosecuted or arrested in connection with them,” he told the court.
“Now, years later, the state seeks to suggest that the applicant committed those offences. If those allegations are relied upon, I am sure the state will also explain why he was never charged.”
The magistrate ruled that the investigating officer’s affidavit and all its annexures had been properly introduced as evidence and admitted them as exhibit B, adding that the relevance and weight of the documents would be determined when deciding the bail application.
“I believe those issues can be dealt with during argument,” the magistrate ruled.
The state maintained that the documents formed part of its evidence to demonstrate that Viljoen allegedly committed further offences while he was already out on bail.
The prosecution also apologised for the poor quality of some of the copied documents, explaining that clearer electronic versions had already been provided to the defence and that any additional electronic copies would be made available.
Request to analyse extensive documentation
After the state closed its case, Steenkamp requested time to analyse the extensive documentation before responding. He told the court that the defence had only received approximately 458 of material on the morning of the hearing, much of it relating to investigations dating back many years.
“We would like the opportunity to consider this documentation, advise our client and file a replying affidavit,” he said. Steenkamp added that the defence might need to consult additional witnesses and other individuals before responding fully to the allegations.
“We are not intending to waste further time on this matter, but if we do not respond properly to these allegations, we will fail our client.”
The state did not oppose the request, with prosecutor van Zyl acknowledging the size and complexity of the evidence.
“I agree these are elaborate documents and, in the interests of fairness, the court should grant such an application,” he said.
The magistrate agreed and postponed the matter to July 23, the earliest available date because of the court’s schedule. The defence has undertaken to file its replying affidavit by July 21, allowing the State and the court time to consider the response before proceedings resume.
Steenkamp also requested that Afrikaans documents be translated into English and that the defence be provided with the original electronic recordings of podcasts, online interviews and videos relied upon by investigators. The State confirmed it had no objection and would make the electronic material available.
Caution to ‘stay away’ from Mel Viljoen
Before the matter was adjourned, Steenkamp accused members of the Hawks of allegedly contacting one of his clients, Mel Viljoen, directly despite her being legally represented.
“If investigators require anything from her, they know who her attorneys are and can contact us,” he said.
“I caution them publicly that they should stay away from our clients. If they want to speak to them, they can speak to us. If they continue to contact them directly, there will be legal consequences.”
The prosecutor responded that the Hawks form part of the South African Police Service and noted that no individual investigating officer had been identified by name.
In her final order, the magistrate postponed the bail application to 23 July 2026 in Court 18, directing that the defence’s replying affidavit and supporting documents be filed with the clerk of the court, served on the state and emailed to the court before the next hearing.
Viljoen remains in custody pending the continuation of his bail application.
ASO READ: Viljoen denies he’s flight risk as state paints him as fugitive in fraud bail battle
- Disbarred attorney Peet Viljoen's bail application has been postponed to July 23 in the Pretoria Specialised Commercial Crimes Court to allow his defense more time to review a 458-page state evidence bundle.
- Viljoen faces about 400 charges, including fraud and corruption related to a R27-million City of Johannesburg property fraud scheme, and remains in custody pending bail.
- The defense challenged the relevance of older allegations dating back over a decade, which had not previously resulted in prosecution, but the magistrate admitted the evidence for consideration during bail arguments.
- The defense requested translation of Afrikaans documents and access to original electronic evidence, while cautioning investigators to communicate through legal representatives only, not directly with clients.
- The prosecutor did not oppose the delay, acknowledging the complexity of the case, and the magistrate ordered the defense to file a replying affidavit by July 21 ahead of the next hearing.
