Listeriosis: Tiger Brands agrees to pay interim relief

The company has agreed to make payments even though liability is yet to be determined.

The 2017 outbreak claimed the lives of 216 South Africans.

The National Institute of Communicable Diseases (NICD) identified Tiger Brands’ Enterprise Foods factory in Polokwane as the source of a listeriosis outbreak.

In late October 2024, Tiger Brands reported that the company’s attorneys were engaging with the plaintiffs’ attorneys, Richard Spoor Inc and LHL Attorneys, to agree on relief for qualifying individuals who have urgent medical needs, regardless of the fact that liability has not yet been determined.

In a statement released on Monday, the company stated that they had reached an agreement to make advance payments to the first of a number of persons seeking interim assistance to address urgent medical needs while the class action continues.

"The parties are engaged in discussions to extend the relief to other qualifying claimants who are in a similar position", the statement read.

Richard Spoor, Founding Director of Richard Spoor Inc., said the interim advance payments will help relieve the recipients’ acute needs.

"We are glad to have open lines of communication with the defendants at this critical time in the class action. This is an important inroad and a first step in the parties’ efforts towards justice for the victims of the listeriosis outbreak."

Meanwhile, the class action, which is being managed in two stages, is still in the first stage, during which the court will determine liability.

Tiger Brands CEO Tjaart Kruger says talks between the parties’ legal representatives will continue in respect of the assessment of a number of claimants who may qualify for assistance within the confines of the current process.

"The legal process has proved long and arduous. Even though liability has not yet been determined and Tiger Brands has no legal obligation to provide interim relief at this stage in the class action, the interim advance payment to a number of claimants with urgent needs recognises the debilitating circumstances in which they find themselves.

"Where the company has been provided with the required information and documentation to enable decision-making in the process, we will act swiftly. Today’s announcement represents an important milestone.

"Endeavours are ongoing to explore a broader resolution of the class action in total, and we hope to be in a position to make further announcements in this regard soon. We are particularly pleased to report that progress has been made in our longstanding efforts to gain access to the NICD’s records relating to their investigation of the listeriosis outbreak.

"The NICD has agreed to cooperate with us and will be making their records available to the parties as soon as possible. We believe that access to the NICD’s records will greatly assist the parties in moving the matter forward."

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