Tiger brands takes first step toward justice with advance payments for listeriosis claimants

Seven years after the listeriosis outbreak in South Africa, which resulted in more than 1,000 infections and 218 deaths, food producer Tiger Brands has agreed to issue advance payments to certain claimants in the class action lawsuit against it.

In a joint statement issued on 3 February, Tiger Brands, along with Richard Spoor Inc and LHL Attorneys – the legal team representing claimants in the lawsuit – said payments would be made to the first of a number of individuals who were seeking interim assistance to address urgent medical needs while the class action continued.

“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. The interim advance payments will go some way towards relieving the acute needs of the recipients,” said Richard Spoor, founding director of Richard Spoor Inc.

The listeriosis outbreak in South Africa between 2017 and 2018 was the largest documented outbreak of the disease in history. The surge in infections was linked to contaminated polony produced at an Enterprise Foods factory in Polokwane, Limpopo. Tiger Brands was the parent organisation for Enterprise Foods.

Tiger Brands chief executive Tjaart Kruger said that the legal process following the outbreak had been “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,” he said. 

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

Kruger added that engagements between the parties’ legal representatives would continue with the aim of assessing the number of claimants who might qualify for assistance, “within the confines of the current process”. 

“In addition, 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.”

According to the joint statement, the class action is being managed in two stages. During the first, which is ongoing, Tiger Brands’ liability for the outbreak will be determined by the court. 

“Only if Tiger Brands is found to be liable will the issue of causation arise, in the second stage of the class action, as well as an assessment of compensation payable to qualifying claimants for damages suffered,” it read. 

Mark Heywood, a health and human rights activist who has spoken out on behalf of families affected by the outbreak, told Daily Maverick: “Seven years later, Tiger Brands is providing interim relief to a handful of people. In my view, and I think in the view of victims of that outbreak, of course this relief is welcome to people who have had to bear the costs of illness – the physical, emotional and financial costs of illness – without any support.”

Heywood was the head of human rights nonprofit SECTION27 at the time of the outbreak, when the organisation provided support to those affected by the disease.

Read more: Tiger Brands in talks with listeriosis class action attorneys to pay for victims’ urgent medical needs

Read more: Listeriosis tragedy ‘breakthrough’ evidence makes ‘overwhelming’ case Tiger Brands was responsible – lawyers

He noted that the advance payments provided by Tiger Brands remained a “drop in the ocean” when it came to the needs of claimants.

“I believe... Tiger Brands is doing this in part to get the negative publicity it has received since last year off its back. And it doesn’t deserve to have that negative publicity off its back, because people are justified in condemning their inaction and their refusal, to this date, to take responsibility,” he said.

“What I would ask, and what other families would ask, and I’m sure even the beneficiaries, is that Tiger Brands get serious about admitting responsibility and bringing relief to all the people who are entitled to it, and that means either entering into a settlement sooner than later, as soon as is possible, or proceeding to court so that this can be determined.”

Long road to compensation