Disbarred attorney and reality television personality Peet Viljoen will remain behind bars after the Pretoria Specialised Commercial Crime Court denied him bail and found that he poses a flight risk.
Viljoen appeared before Magistrate Nicca Setshogoe on Monday, 17 August, for judgment on his bail application. He faces about 400 charges, including fraud, theft, corruption and forgery, arising from allegations linked to the sale of 46 properties belonging to the Johannesburg Property Company (JPC) in 2010. The properties were valued at about R27.6 million.
Setshogoe found that Viljoen had failed to satisfy the court that his release would be in the interests of justice. The magistrate also raised concerns about his residential circumstances, his recent deportation from the United States, alleged threats against witnesses and the possibility that he could interfere with the investigation.
Why the court found him a flight risk
A central issue in the bail judgment was Viljoen’s lack of a fixed address and the circumstances surrounding his return to South Africa.
The court heard that Viljoen had been deported from the US after spending time in immigration detention following his arrest there with his wife, Melany Viljoen. Setshogoe rejected the defence’s contention that Viljoen had voluntarily chosen to return to South Africa, noting that, according to the evidence before her, his request for voluntary deportation had been denied.
The magistrate also found that the addresses supplied by Viljoen as possible places where he would live if released were not sufficient to guarantee his stability in South Africa. The court further noted that there was no evidence before it establishing what assets he had in the country.
The court heard Viljoen had claimed an address in Brits, North West, had been verified, but evidence presented during the proceedings indicated otherwise.
Setshogoe also considered social media posts attributed to Viljoen while he was in the US in which he had indicated that he did not intend returning to South Africa.
Alleged threats against witnesses
The court was also concerned about allegations that Viljoen had threatened the investigating officer and a former co-accused who has since pleaded guilty.
According to the State’s case, two former co-accused implicated Viljoen in criminality and later pleaded guilty as part of plea and sentence agreements. Both had been employed by Viljoen’s law firm.
The court also considered the State’s evidence concerning an employee of the South African Revenue Service who was convicted and sentenced for accepting bribes from one of Viljoen’s employees to issue clearance certificates.
Setshogoe found that there were no measures the court could put in place that would adequately guarantee that Viljoen would not interfere with witnesses if released.
The magistrate also considered allegations that Viljoen had previously been involved in paying bribes to government officials and questioned whether there would be any guarantee that he would not attempt to use similar means to obtain travel documents if released.
The court ultimately found that his release could undermine public confidence in the criminal justice system.
The alleged Johannesburg housing property scheme
The criminal case against Viljoen dates back to allegations surrounding 46 properties belonging to the Johannesburg Property Company, an entity associated with the City of Johannesburg.
The State alleges that the properties were unlawfully sold to unsuspecting purchasers in 2010 without the municipality’s knowledge or consent. The charges include allegations involving fraudulent documents used to facilitate the transfers.
The alleged conduct involved sale agreements, purported resolutions of the City of Johannesburg and JPC, powers of attorney and other documentation allegedly used to facilitate the transfers.
The matter later went through a lengthy legal process. Viljoen was previously arrested in connection with the case and was granted R50,000 bail in August 2018 without conditions.
In 2024, the criminal proceedings were set aside following a review application in the Gauteng High Court in Pretoria. The High Court ordered that the matter be reinstated and start afresh before a new magistrate. During the latest bail proceedings, Viljoen’s defence argued that his original bail remained valid because it had never been formally cancelled.
Setshogoe rejected that argument, finding that the High Court order had effectively brought the previous proceedings to an end and that the original bail order was no longer active when the matter was ordered to start afresh.
The US shoplifting case
Viljoen’s latest legal troubles followed his arrest in Florida earlier this year with his wife, Melany Viljoen.
The couple were arrested in Boca Raton in March and charged with aggravated grand retail theft following allegations of shoplifting from a Publix supermarket.
According to court-related reports, investigators alleged that the pair were involved in a scheme in which lower-priced items were scanned while more expensive merchandise was allegedly placed in their bags, a practice described as ticket-switching. The alleged activity was said to have taken place between August 2025 and March 2026.
Viljoen was subsequently deported from the US and arrested by the Hawks at OR Tambo International Airport on 16 June when he arrived in South Africa. His arrest was linked to the long-running Johannesburg property fraud investigation.
The US shoplifting allegations have not been determined by a South African court and should not be confused with the separate Johannesburg fraud, theft, corruption and forgery case.
Bail denied and next court date
Viljoen’s legal team had proposed bail and conditions including house arrest and reporting to police, while arguing that his return to South Africa showed that he was not a flight risk.
The court was not persuaded.
Setshogoe ruled that Viljoen should remain in custody, and he was returned to Kgosi Mampuru II Correctional Centre.
His attorney, André Steenkamp, indicated that the defence intended to appeal the bail refusal.
Viljoen is expected back in the Pretoria Specialised Commercial Crime Court on 4 September. The matter is scheduled to continue with the criminal proceedings and further discussions around the case.
The National Prosecuting Authority welcomed the bail decision. NPA spokesperson Lumka Mahanjana said the State had opposed Viljoen’s release because it believed he was a flight risk.
“The magistrate said his release on bail might undermine public confidence,” Mahanjana said.
Viljoen remains an accused person and has not been convicted of the charges against him. The allegations relating to the Johannesburg properties will still have to be tested in court.
