A legal expert has suggested that Real Housewives of Pretoria star Mel Viljoen and her husband, Peet, may be deported from the United States of America, but not immediately.
The Viljoens, who fled South Africa last year with fraud accusations and a disbarment hanging over their heads, were reportedly arrested this week after shoplifting goods worth more than $5,300 (R87 800).
“Over the course of the last six months, the Viljoens have worked in concert during multiple acts of retail theft,” noted a police report.
The couple allegedly stated they were stealing because they were in survival mode and had not worked since coming to the country, due to not having visas.
They were reportedly booked into the Main Detention Centre in West Palm Beach, Florida, facing felony charges of organised retail theft, with a bond of $10,000 (R165 800) each.
What are the chances of them being deported?
Dr Llewelyn Cruwelis told The Citizen that the charges against the Viljoens were serious and would likely result in them being sent back to South Africa.
“Usually, how it works is you commit a crime, then you first have to go through a court case and be found guilty, and then you have to be punished.
“Depending on what punishment is given, they can deport you immediately if they want to save money instead of keeping you there, or they can first insist that you serve your sentence and, after you have served it, deport you back to your country of origin,” he explained.
He said it is possible that, if found guilty, a US court could wait until the couple had served part of their sentence before sending them back.
‘All of those options are possible. It is a prerogative within that country’s discretion. Usually, you have to serve your sentence for a while first because they make an example of you and have deterrent value to future foreign criminals.”
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The deportation may not be immediate
Curlewis said it would be unwise to deport the couple immediately before a judgment had been made.
“They would sentence you and let you suffer in prison for a little bit before they let you go.
“It is a very serious offence. In South Africa, you can face up to three years in prison for shoplifting.
“Remember, the value is more than $5 300 and was committed over a period of time. It wasn’t an isolated incident, multiple times, not like they stole a bread one off. It’s very serious,” he added.
Will they have to face the music for other allegations in SA?
Curlewis said that although fraud investigations into the couple may not be relevant to their current legal woes, they might have to face the music when they eventually return to South Africa.
The police’s Directorate for Priority Crime Investigation, also known as the Hawks, is currently investigating the pair over their Tammy Taylor beauty franchises.
A judge had earlier advised the National Prosecuting Authority (NPA) to consider prosecuting the pair for failing to comply with the Companies Act.
While in America, Peet began practising and studying law, despite the Legal Practice Council (LPC) in South Africa disbarring him from practising. When this was questioned, an advertisement for his services was later changed to list him as a “labour broker”.
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Previous rumours of possible deportation
In January, the couple, who had been very active on social media for several months after moving to the USA, denied that they had been picked up by ICE (US Immigration and Customs Enforcement) officers.
Peet initially said they went quiet suddenly in November because he was studying for his bar exam to be admitted as an attorney in the US.
“We do not have to explain to anyone if we have green cards or yellow cards. I regularly speak to Trump’s people, and they all know about white genocide. I have now done my duty. I do not have to make a video for you every week.
“People who realised that there is danger have seen the signs. The rubbish who feels threatened by people like me who came here, please stop tracking me. Do as you wish. Mel and I will not continue to explain to the media what we do. I showed what I wanted to.
Peet Viljoen will buy you coffee if you visit Miami
Earlier this year, Peet invited people visiting Miami to contact him so he could buy them a coffee.
He claimed to have had coffee with about six people on holiday in Miami.
“I know some people see me as a dimwit, but I was caught unawares by people who start crying, saying that we are actually nice people.”
Viljoen said they are out despite people saying things will improve in South Africa.
“This is probably my last message to you. I wish I could wish you a Happy New Year, but guys, it ain’t gonna happen (sic). I am going to become the richest attorney in the US. I already have the prettiest wife. I drive some of the nicest cars. The US is good to us.”
Additional reporting by Ina Opperman
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