Listeria Class Action
Link to the class action application: Ngobeni Class Action Full Founding Papers
According to the Minister of Health, Dr. Aaron Motsoaledi:
THE CONCLUSION FROM THIS IS THAT THE SOURCE OF THE PRESENT OUTBREAK CAN BE CONFIRMED TO BE THE ENTERPRISE FOOD-PRODUCTION FACILITY IN POLOKWANE
According to the Centre for Enteric Diseases (CED) and Division of Public Health Surveillance and Response, Outbreak Response Unit (ORU), National Institute for Communicable Diseases (NICD)/ National Health Laboratory Service (NHLS) the current number of ill and deceased are as follows:
As of 26 July 2018, 1060 laboratory-confirmed listeriosis cases have been reported to NICD from all provinces since 01 January 2017.
To date, 749 cases were reported in 2017, and 311 cases in 2018. Females account for 56% (549/979) cases where gender is reported. Neonates ≤28 days of age are the most affected age group, followed by adults aged 15 – 49 years of age. Most cases have been reported from Gauteng Province (58%, 614/1060) followed by Western Cape (13%, 136/1060) and KwaZulu-Natal (8%, 83/1060) provinces. Final outcome data is available for 76% (806/1060) of cases, of which 27% (216/806) died.
Listeriosis Class Action Timeline
14 March 2018: Application for certification of class action against Tiger Brands filed by LHL Attorneys.
29 March 2018: Application for certification of class action filed by Richard Spoor Incorporated (RSI).
3 December 2018: Certification of class action. RSI and LHL certified as joint class attorneys.
15 April 2019: Summons issued against Tiger Brands.
20 May 2019: Amendment to plaintiff particulars of claim filed.
1 August 2019: Notice of bar filed against Tiger Brands
8 August 2019: Defendants’ plea filed by Tiger Brands.
2 October 2019: Plaintiffs’ first discovery affidavit filed.
2 December 2019: Plaintiffs filed notice for Tiger Brands to file defendants’ discovery affidavit.
13 – 15 May 2020: The Court heard five applications involving Tiger Brands and Deltamune (Pty) Ltd, Aspirata Auditing Testing and Certification (Pty) Ltd, Federated Meats and six others, the National Health Laboratory Service, SABS Commercial (Pty) Ltd, with Famous Brands Management Company (Pty) Ltd and the Plaintiffs intervening as interested parties. The applications were an effort by various parties to have subpoenas issued by Tiger Brands set aside, or alternatively, counterapplications to compel compliance with the subpoenas. The Court dismissed the applications to set aside the subpoenas.
24 June 2020: Plaintiffs initiated application to compel Tiger Brands to file discovery affidavit. This application has been postponed indefinitely after resolution regarding the defendants’ discovery was reached in a case management meeting with Judge Lamont.
15 September 2020: Judge Lamont granted four parties leave to appeal the subpoena applications in the SCA. The date for the appeal and final order is pending.