Peet Viljoen says he will sue the NPA for R500 million while fighting fraud charges

Disbarred attorney insists he is being unlawfully prosecuted as the State opposes his release on bail

The legal battle surrounding disbarred attorney Peet Viljoen has taken another dramatic turn after he revealed plans to sue the National Prosecuting Authority (NPA) for R500 million, arguing that the criminal case against him amounts to an unlawful prosecution.

Viljoen made his intentions known during proceedings in the Specialised Commercial Crimes Court in Pretoria, where his application for bail is currently before the court. While prosecutors continue pushing for him to remain behind bars, Viljoen’s legal team argues that there is no reason to believe he will flee or interfere with the case.

Defence says Viljoen never tried to avoid prosecution

Reading from an affidavit, Viljoen’s lawyer told the court that his client has remained available to authorities throughout a case that stretches back roughly 16 years.

According to the defence, Viljoen had several opportunities to leave South Africa permanently but chose not to. His legal team even pointed to the period when he was detained in the United States, saying he could have sought deportation to Mexico a country without an extradition treaty with South Africa if avoiding trial had been his intention.

Instead, the defence maintains that Viljoen has always been traceable and wants to clear his name in court.

To strengthen his bail application, Viljoen has offered to hand over his passport, report regularly to police and comply with strict bail conditions, including possible house arrest if ordered by the court.

His lawyer also argued there is little risk of witness interference because much of the prosecution’s case relies on documentary evidence rather than testimony.

Defence argues the case has weakened over time

Another key point raised by the defence is the length of time the matter has been before the courts.

Viljoen’s legal team argued that the prosecution’s case is weaker today than when investigations first began in 2010. Over the years, some witnesses have died, others may no longer be easily located, and memories have inevitably faded.

These factors, the defence argues, support Viljoen’s request to be released on bail while awaiting trial.

State remains firmly opposed

Despite these submissions, the State continues to oppose bail.

Prosecutors have not backed away from the extensive criminal case against Viljoen, who is facing around 400 charges. These include allegations of fraud, theft, corruption, forgery and uttering.

The charges relate to an alleged R27.6 million property fraud scheme involving properties owned by the Johannesburg Property Company.

According to previous information released by the Hawks, several municipal properties were allegedly sold to unsuspecting buyers in 2010. Although ownership of the properties was reportedly transferred, the Johannesburg Property Company allegedly never received payment, resulting in significant financial losses.

The allegations remain before the court and have not yet been tested at trial.

A closely watched commercial crime case

Commercial crime cases involving large sums of public money often attract significant public interest in South Africa, particularly where allegations involve municipal assets. They also tend to take years to conclude because of the complexity of financial records, documentation and the number of charges involved.

Viljoen’s announcement that he intends pursuing a R500 million civil claim against the NPA adds another layer to an already lengthy legal battle. However, that proposed lawsuit remains separate from the criminal proceedings currently before the court.

On social media, reaction has been divided. Some users questioned how someone facing hundreds of charges could pursue such a substantial claim against the State before the criminal matter is resolved, while others argued that every accused person has the right to challenge what they believe is an unfair prosecution through the courts.

For now, the immediate focus remains on Viljoen’s bail application, with the State continuing to argue that he should not be released as the criminal case proceeds.