Mr. Solomon Sauls ran an illegal enterprise with the purpose of poaching and selling abalone (Haliotis midae) in South Africa. A group of abalone divers worked under him supplying him with illegally harvested abalone. The accused bribed officials from the Department of Agriculture, Forestry and Fisheries to prevent them from confiscating abalone and to buy back abalone already seized by the authorities. The corrupt officials are facing charges in a separate trial.
In March 2018, the police searched the accused’s house and encountered cash that the accused confessed to proceeds of his illegal activities. In February 2021, the defendant pleaded guilty to 41 counts involving running an illegal enterprise, corruption, money laundering and possessing and transporting illegally harvested abalone.
Factors aggravating the sentence were the seriousness of corrupting government officials, the engagement in the illegal abalone trade on a commercial scale and financial greed.
The accused has been involved in similar crimes in the past and previously received prison sentences for his involvement with another illegal enterprise focusing on abalone poaching.In 2019, he was found responsible for running an illegal abalone business in a different area and was handed a 14-year sentence.In the current trial, Solomon Sauls was sentenced to 244 years imprisonment, running concurrently and resulting in an effective 18-year sentence. Of those 18 years, 12 were determined to run concurrently to the previous sentence of 14 years.
Multiple bags containing hundreds of kilograms of illegally harvested abalone (Haliotis midae)
High Court of South Africa, Western Cape Division
Section 2(1)(e) read with Section 1, 2(2) and (3) of the Prevention of Organised Crime Act (Act 121 of 1998)
Participating in an enterprise through a pattern of racketeering activities
Count 1
Section 4(1)(a) and (b) with Sections 1, 2, 24, 25, 26(1) and 26(3) of the Prevention and Combating of Corrupt Activities Act (12 of 2004)
Corrupt activities relating to public officers: accepting and offering a gratification
Count 2, 5, 6, 7, 10, 13, 16, 19, 22, 25, 26, 27, 30, 33, 35, 37
Section 44(2) read with Section 1, 13, 18 and 58(1)(B) of the Marine Living Resources Act (Act 18 of 1998) and also read with Section 250 of the Criminal Procedure Act (Act 51 of 1977)
Landing, selling, receiving or possession of illegally taken fish
Count 3, 8, 11, 14, 17, 20, 23, 28, 31, 34, 38
Regulation 36(1)(b) of the Regulations as promulgated under Government Notice R1111 and Published in Government Gazette 19205 of 2 September 1998, as amended, read with Regulation 1 and 96 of the said Regulations as issued in terms of Section 77 read with Section 1 and 58(4) of the Marine Living Resources Act (Act 18 of 1998), also read with Section 250 of the Criminal Procedure Act 51 of 1977.
Transport or possession of abalone not in a whole state
Count 4, 9, 12, 15, 18, 21, 24, 29, 32, 36, 39
Section 4 read with Section 1 and 8 of the Prevention of Organised Crime Act (Act 121 of 1998)
Money laundering
Count 40, 41
The accused was sentenced to 244 years imprisonment, running concurrently and resulting in an effective 18-year sentence. Of those 18 years, 12 were determined to run concurrently to the previous sentence of 14 years.
High Court of South Africa, Western Cape Division
