Listeria Class Action

Client Update: 4 July 2023

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE

Dear Listeriosis Class Action Claimants, 

We continue our long fight to achieve justice for the hundreds of persons affected by the listeriosis outbreak of 2017 - 2018. Almost five years after the end of the outbreak, Tiger Brands continues to deny that they are legally liable for the harm, despite the NICD’s investigation which named Tiger Brands as the source of the outbreak.

The Listeriosis Class Action legal team has made significant progress thus far in collecting our clients’ records, working with experts to finalise expert reports, communicating with Tiger Brands, and drafting documentation that will be necessary to prove our case.

The complex nature and scale of this class action means that we have been met with delays, but the process is moving forward and we have made meaningful progress since our last update.

LITIGATION UPDATE

We have subpoenaed the NICD for documents that are required for evidence for trial, which has subsequently agreed to provide us with these documents. The provision of the documents will be approximately within the next month.

We have welcomed a new junior counsel, Eshed Cohen, to our litigation team. Adv Cohen is a member of Cape Bar Society of Advocates and the Pan African Bar Association of South Africa, with a practice including constitutional law, public law, administrative law, human rights law, and international law.

STATUS OF MEDICAL RECORDS

We are continuing to collect medical records and have to date received hundreds of medical records from hospitals around the country. We are however still awaiting medical records and pathology test results from certain hospitals in respect of many claims and are constantly following up on these records. In order for the hospital to locate the medical records, they require the patient’s date of admission, date of discharge, and patient number. If you have this information, a carrier card, or a discharge sheet, please provide same to us if you have not already done so.

If you or your loved one has been undergoing further treatment for health complications related to listeriosis, please provide us with information on the treatment, and any records you have relating to the treatment.

CONSUMPTION AFFIDAVITS

We are pleased to have received approximately 200 signed and commissioned affidavits relating to consumption from class members.

If you have received a draft consumption affidavit via email, and you have not yet signed this in the presence of a commissioner of oaths, please do so and return the affidavit to us as soon as you can.

If you have not yet received a draft consumption affidavit for signature, it is most likely due to the fact that we are awaiting your further medical records and/or blood test results. Once these records are received your paralegal will be in contact with you regarding the signing of your affidavit.

CLASS MEMBER PARTICIPATION

We are still requesting documentation such as bank statements and proof of employment at the time of the outbreak, salary slips, and so on from class members. If you are in possession of these documents, please provide them to us. You may receive a call from our paralegals requesting these documents.

We may also be in contact regarding any further consumption information or medical information that may not have been provided previously. Please inform us if there have been any changes to your contact details or address. We are constantly attempting to update the information we have on record and your continued co-operation is most appreciated.

Q SORT ASSESSMENTS

Our experts have received all the data from the Q-Sort assessments, which aimed to assess the psychological harm suffered by claimants as a result of the outbreak. They have begun analysising the data, which will be followed by a set of interviews with a sample of claimants.

CONTACT US

Thank you for providing the information and taking your time to sit through lengthy interviews, which help us in continuing to build a strong case against Tiger Brands. Get in touch with us via WhatsApp or send a ‘please call me’ to 082 044 0875. Alternatively, call our offices on 010 009 6925 or email us at info@rsinc.co.za.

Kind regards,

RSI and LHL
Class Attorneys

Client Update: 7 March 2023

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE

Dear Listeriosis Class Action Claimants, 

Between 2016 and 2018, over one thousand people suffered harm as a result of consuming products produced by Tiger Brands Ltd. Almost five years after the end of the outbreak, Tiger Brands continues to deny that they are legally liable for the harm. The Listeriosis Class Action team has made significant progress thus far in collecting our clients’ medical records, preparing expert reports, communicating with Tiger Brands, and drafting documentation that will be necessary to prove our case. At the beginning of 2023, we approached the NICD with a list of documents we require in order to proceed to trial. We await their response before we can procure a trial date.

STATUS OF MEDICAL RECORDS

Once a client has provided us with their hospitalisation information and a signed power of attorney, a signed medical release consent form, identity documents and, in the case of a deceased client, proof of relationship affidavits, we are able to request medical records from the hospital which treated them. Medical records are essential to prove that you or your loved one contracted listeriosis.

We are still waiting for hospitals to provide us with medical records and pathology test results for approximately 200 clients. In order for the hospital to locate the medical records, they require the patient’s date of admission, date of discharge, and patient number. If you have this information, a carrier card, or a discharge sheet, please reach out to us if you have not already done so.

If you or your loved one has been undergoing further treatment for health complications after listeriosis, please provide us with information on the treatment, and any records you have relating to the treatment.

CONSUMPTION AFFIDAVITS

Once we receive our client’s full medical records, we draft a “consumption affidavit” to confirm which foods were consumed before a person became ill with listeriosis, what symptoms a person experienced, and how long they were treated. We are pleased to have received approximately 150 signed and commissioned consumption affidavits from class members!

If you have received a consumption affidavit via email, and you have not yet signed this in the presence of a commissioner of oaths, please do so and return the affidavit to us as soon as you can.

If you have not yet received a consumption affidavit for signature, it is most likely due to the fact that we are awaiting your further medical records and/or blood test results. Once these records are received, your paralegal will be in contact with you regarding the signing of your affidavit.

CLASS MEMBER PARTICIPATION

To prove the harm suffered by our clients, we require documentation showing any financial harm suffered because of listeriosis. You will be getting a call from our paralegals to request documentation such as bank statements from the time of the outbreak, proof of employment at the time of the outbreak, salary slips, and so on. If you are in possession of these documents, please provide it to us.

We may also be in contact regarding any further consumption information or medical information that may not have been provided previously. We are constantly attempting to update the information we have on record and your continued co-operation is most appreciated.

CONTACT US

Thank you for providing the information and taking your time to sit through lengthy interviews, which help us in continuing to build a strong case against Tiger Brands. Get in touch with us via WhatsApp or send a ‘please call me’ to 082 044 0875. Alternatively, call our offices on 010 009 6925 or email us at info@rsinc.co.za.

Kind regards,

RSI and LHL
Class Attorneys

Client Update: 19 September 2022

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE 

Dear Listeriosis Class Action Claimants, 

We continue to pursue our battle to achieve justice for everyone who was affected by the listeriosis outbreak of 2017-2018. We assure you that we are doing everything in our power to resolve this matter as quickly as possible, and we thank you for your ongoing patience.

AFFIDAVITS REGARDING FOOD CONSUMPTION HISTORY

As explained in our last update, we have introduced a new protocol for affidavits to confirm which foods were consumed before you or your loved one became ill. These affidavits are essential to prove a link between the consumption of Tiger Brands’ Enterprise products and the harm that you or your loved one experienced.

We are happy to announce that in the last two months we have received back approximately 67 signed and commissioned affidavits from our clients!

If we have not contacted you yet, we are either in the process of drafting the affidavit, or we are following up with the relevant hospital for medical records. Please note that we are only able to draft these affidavits once we are in possession of your full hospital records and received confirmation that your claim is viable.

If a paralegal has sent you the affidavit and you have not yet signed this in front of a commissioner of oaths, please do so and return the affidavit to us as soon as you can. If you have already provided us with a signed affidavit regarding food consumption, there is no need to do anything further in this regard at this stage.

Q SORT ASSESSMENTS

As of August 2022, we have embarked on a programme to assess the psychological harm suffered by claimants as a result of the outbreak. This is done through a “Q-Sort” assessment. Our field workers will be visiting clients who suffered miscarriages or stillbirths as a result of listeriosis, and those that lost an infant, and asking providing the assessment prepared by psychologists to determine the psychological harm or mental distress experienced. The fieldworkers will also request any outstanding documentation needed, and provide the affidavit described above for signature. Our paralegals will call you if you have been scheduled for a Q-sort interview to let you know when the fieldworker will be visiting you. This programme is very emotionally taxing, but important, and we appreciate your co-operation.

LITIGATION UPDATE

We are currently in discussions with our counsel and our expert witnesses to determine the evidence we will need to lead in the first stage of trial. As soon as we secure a court date, we will notify you.

CLASS MEMBER PARTICIPATION

We continue to provide Tiger Brands with documentation showing the harm caused to class members. A paralegal will contact you requesting photographs you may have taken before, during or after the listeriosis outbreak. The paralegal will also ask for documentation you may have which shows any financial harm you or your loved one suffered because of listeriosis. If you have any difficulties in obtaining these documents, please let us know, and we will do our best to assist you (i.e. letters to your previous employer).

Until we get a court date, you can do the following:

• Inform us of any changes to your address or contact details, including email addresses.
• If you have not already done so, provide us with your identity documents and the identity documents of the person who contracted listeriosis. If your child contracted listeriosis, we require their birth certificate. If you are unable to get your child’s birth certificate, please contact us.
• If you have not already submitted a signed power of attorney and a signed medical release form, please call us and request a paralegal to send you these documents. We need these documents to request the relevant medical records and blood test results.
• If you have not already provided us with this information, please let us know the correct name of the hospitals and/or clinics that you or your loved one visited over the outbreak period; the admission and discharge dates; and the patient number.
• If there have been changes in your state of health (or that of a loved one) after listeriosis, please provide us with an update.
• If you have lost a loved one to listeriosis, please provide us with the death certificate. Please also let us know how the family is coping with this loss, and the changes you may have been forced to make after this loss.

CONTACT US

Thank you for providing the requisite documents and taking your time to sit through lengthy interviews, which help us in continuing to build a strong case against Tiger Brands.

Get in touch with us via WhatsApp or send a ‘please call me’ to 082 044 0875. Alternatively, call our offices on 010 009 6925 or email us at info@rsinc.co.za.

We once again thank you for your patience and look forward to hearing from you.

Our next update is scheduled to be released in November this year.

Kind regards,

RSI and LHL
Class Attorneys

Client Update: 20 June 2022

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE  

  Dear Listeriosis Class Action Claimants, 

We are making steady progress in our battle to achieve justice for everyone who was affected by the listeriosis outbreak of 2017-2018. We understand that many of you may be frustrated by how long the process is taking. Unfortunately, the wheels of justice turn slowly in South Africa, and we are slowed down by many factors outside of our control. Nevertheless, we assure you that we are doing everything in our power to make this process go as quickly and smoothly as possible.

AFFIDAVITS REGARDING FOOD CONSUMPTION HISTORY

To that end, we have introduced a new protocol for affidavits regarding the foods consumed by you or your loved ones that caused the illness. The purpose of these affidavits are to illustrate the link between the consumption of Tiger Brands’ Enterprise products and the harm that you or your loved one experienced.

Our protocol is as follows:

1. We will draft an affidavit based on our consultation with you and the information we have received, including medical records.
2. Your assigned paralegal will contact you to confirm that the facts deposed to in the affidavit are correct and to discuss if you are able to receive the consumption affidavit by way of email or fax.
3. Should you have easy access to email, we will ask that you download the affidavit, review it carefully, and if it is correct, print it out to be signed in the presence of a commissioner of oaths.
4. When you are before the commissioner you will initial the first page in the bottom right-hand corner and sign in full on the last page.
5. It is important that the commissioner also initial the first page and sign in full on the last page, and affix their stamp.
6. The full names, address and designation of the commissioner of oaths should also be clearly reflected together with the date upon which the affidavit was signed.
7. A commissioner of oaths should be available at any police station or post office, alternatively at the offices of any attorneys (Please note that commissioners of oath is prohibited from charging any fees for commissioning a document).
8. Once duly signed and commissioned, kindly scan and return signed affidavits to us as soon as possible.
9. Should you not have access to fax or email, we will arrange for our outreach team to assist you when they are next in your area.

LITIGATION UPDATE

We are currently preparing to apply for a trial date for the first stage of the class action. In order to do so, we will need a pre-trial meeting with Tiger Brands, and a further meeting before the case management judge. We will advise you as soon as we have dates for these meetings.

CLASS MEMBER PARTICIPATION

We continue to provide Tiger Brands with documentation showing the harm caused to class members. Each claimant has been assigned a paralegal. Your paralegal will contact you requesting certain documentation that we require, such as photographs you may have taken before, after or during the listeriosis outbreak as well as documents which shows any financial loss you or your loved one faced because of listeriosis. These documents are essential to prove the harm you suffered and we will do our best to assist you in obtaining them (i.e. by sending a letter to your previous employer requesting your old payslips or records of your leave).

Your paralegal will then conduct an interview with you about your experience with listeriosis. You will tell the story of how you (or your loved one) contracted listeriosis, what was experienced during the illness and how life has changed since. This interview will be done once your medical records are received and vetted. We will not be able to proceed with your claim until we have consulted with you and obtained the history of your illness. We thank you for your ongoing cooperation in this process. Should you already have completed your narrative interview and have further information regarding your current circumstances that you can share with us, please do let us know and we will be in touch with you.

Class action proceedings depends largely on the strength of documentation and information we have in our possession. Until we obtain a court date, you can do the following:

• If you have changed your address or contact details, please let us know.
• If you have not already submitted on-boarding documents (that is, a copy of your identity documents; a signed power of attorney; signed medical release form and various affidavits), please do send us these documents. Without these documents, we are unable to request the relevant medical records and blood test results and we will not be able to process your claim.
• If you have not already provided us with this information, please provide us with the correct name of the hospital and/or clinic that you visited over the outbreak period (if you visited more than one hospital at that time, please provide all details for both hospitals); the admission and discharge dates and the patient number. Medical records are key to proving your claim.

CONTACT US

Thank you for providing the requisite documents and taking your time to sit through lengthy interviews, which help us in continuing to build a strong case against Tiger Brands.

In the interim, if you have not already done so, please provide us with an update of your current state of health (or that of a loved one) after contracting listeriosis. To those claimants who have lost their loved ones, please let us know how the family is coping with this loss and the changes you may have been forced to make after this loss.

Get in touch with us via WhatsApp or send a ‘please call me’ to 082 044 0875. Alternatively, call our offices on 010 009 6925 or email us at info@rsinc.co.za.

We once again thank you for your patience and look forward to hearing from you.

Kind regards,

RSI and LHL
Class Attorneys

Client Update: 21 April 2022

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE 

Dear Listeriosis Class Action Claimants,

We express our concern for those of you who have been affected by the recent floods in KZN. If you have changed your address or contact details as a result of this (or for any other reason), please let us know.

We also advise you that two new paralegals, Celiwe Mdletshe and Busisiwe Mashego, have joined our team and may be in contact with you in the upcoming weeks.

LITIGATION UPDATE

  As communicated previously, the SCA found that Tiger Brands’ argument that it may not be the ‘sole source’ of the listeriosis outbreak has no relevance in the class action at this stage and described its subpoenas as too broad. Tiger Brands had until 25 February 2022 to initiate an appeal. This time has now lapsed and as such, the main trial can now proceed to determine Tiger Brands’ liability to the four classes of claimants who form this class action.

We are currently preparing for a pre-trial meeting, in preparation for application for a trial date. We also continue to provide Tiger Brands with documentation demonstrating the extent of the harm caused to the class members, indicating the merits of our case. Your co-operation in providing the requisite documents and participating in sometimes lengthy narrative interviews with our team is important in developing the class action and sincerely appreciated.

CLASS MEMBER PARTICIPATION  

Our assessment of damages claims for class members also continues to move forward. As explained previously, in order to hold Tiger Brands liable for these damages, we need to establish a causal link between the consumption of the Enterprise products and the suffering experienced by the claimants. Many of you would have already received a consumption affidavit. This is a statement under oath attesting to the products which you or your family member purchased and consumed, together with the harm suffered as a result of the consumption of these products.

These affidavits, together with medical records and actuarial calculations will assist in quantifying the damages suffered by each claimants. In as much as we recognise the loss of your loved one or the harm that you have suffered as a result of this illness, is immeasurable, legally we are obligated to meet certain criteria to prove and quantify these damages. To this end, we may need to contact you to provide us with further information.

Class action proceedings depends largely on the strength of documentation we have in our possession. All class members have already submitted (or will be in the process of submitting) on-boarding documents. These include a copy of your identity documents; a signed power of attorney; signed medical release form and various affidavits. Without these documents, we are unable to request the relevant medical records and blood test results, that assist in establishing causation and proving damages. We appeal to you to provide us with these documents as a matter of priority. Without them, we cannot process your claim.

We once again remind you of the following –

1. Information Regarding Medical Care:
   We understand that this information may take you time to access as the outbreak occurred some time ago. It is however essential that we are provided the correct name of the hospital and/or clinic that you visited over the outbreak period (if you visited more than one hospital at that time, please provide all details for both hospitals); the admission and discharge dates and the patient number. Medical records are key to proving your claim.
2. Consumption Affidavits
   Thank you to all those claimants who have submitted consumption affidavits. In the upcoming months, we will be in contact with claimants who have not submitted consumption affidavits. Kindly return signed affidavits to us as soon as possible. If you do not have access to fax or email, we will arrange for our outreach team or a courier to collect it from you.
3. Information Regarding Loss of Income or Earning Capacity
   Depending on the severity of your listeriosis infection, you may have a claim for loss of income or earning capacity. To calculate your claim, we require substantial documentation. A paralegal will be in touch with you regarding what is required. Again, we are aware of the time that has now passed, but these documents are essential and we will do our best to assist you in obtaining them (i.e. letters to your previous employer).
4. Narrative Interviews: 
   Narratives are the cornerstone of our claims. They tell the story of how you (or your loved one) contracted listeriosis, what was experienced during the illness and how life has changed since. A paralegal will contact you for an interview once your medical records are received and vetted. We will not be able to proceed with your claim until we have consulted with you and obtained the history of your illness. We have struggled to reach many of our clients for these interviews, so if you have changed your contact information please let us know.

CONTACT US

Thank you for providing the requisite documents and taking your time to sit through lengthy interviews, which help us in continuing to build a strong case against Tiger Brands.

We understand the frustration at how lengthy this process is. This is unavoidable and unfortunately the nature of litigation in South Africa. Please be assured that we remain committed in moving forward swiftly and reaching resolution as soon as possible.

In the interim, please provide us with an update of your current state of health (or that of a loved one) after contracting listeriosis. To those claimants who have lost their loved ones, please let us know how the family is coping with this loss and the changes you may have been forced to make after this loss.

Get in touch with us via WhatsApp or  send a ‘please call me’ to 082 044 0875. Alternatively, call our offices on 010 009 6925 or email us at info@rsinc.co.za.

We once again thank you for your patience and look forward to hearing from you.

Kind regards,

RSI and LHL
Class Attorneys 

Client Update: 17 February 2022

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE

Dear Listeriosis Class Action Claimants,

Litigation Update

On 4 February 2022, the Supreme Court of Appeal (“SCA”), handed down judgment in respect of the appeals regarding the subpoenas that Tiger Brands issued to the NHLS (National Health Laboratory Services), two laboratories and various meat suppliers to Tiger Brands. These subpoenas sought to obtain information relating to the presence of Listeria monocytogenes in facilities and products over the outbreak period (from October 2016 to September 2018). Initially, the High Court held that the subpoenas were relevant to the class action should therefore be enforced – the High Court found that Tiger Brands was entitled to this information). The parties against whom the subpoenas were issued however appealed the decision of the High Court in the SCA last November. The SCA was then tasked to consider whether the documents in the subpoenas were relevant to the class action with reference to the class plaintiffs’ pleadings and the High Court’s certification order.

During these proceedings Tiger Brands submitted that the subpoenas were relevant because the class action focuses on establishing whether Tiger Brands was the sole cause of the listeriosis outbreak. They reasoned that if Tiger Brands was the sole source, then it is responsible for the harm suffered by all persons who contracted listeriosis over the outbreak period.

In determining whether Tiger Brands was entitled to the information sought through these subpoenas, the SCA considered the two stages of the class action. The first stage concerns a declaration that Tiger Brands is liable to the classes. The second stage deals with establishing causation in relation to individual claimants. The SCA laid out the second stage as a process whereby individual class members would need to prove the causal link between the harm caused to them and the eating of contaminated food products from Tiger Brands’ Polokwane facility, and then prove the damages suffered by each individual class member as a result of the consumption of the contaminated Tiger Brands products.

The SCA emphasised that in order for a claimant to be part of the class action, the cause of harm that the claimant suffered must have been the consumption of contaminated food products from Tiger Brands’ facility. The class action only pertains to damages resulting from consuming products manufactured by Tiger Brands. Without this causal link the party would not be a class member. It is therefore irrelevant for purposes of the class action, whether persons may have been harmed by the consumption of products manufactured by a source other than Tiger Brands.

The SCA found that Tiger Brands’ ‘sole source’ argument has no relevance in the class action, and described its subpoenas as entirely speculative:

“[Tiger Brands] seems to hope that in the midst of all the test results it requires, it would find a basis on which to pin co-liability on another party.”

As a result, the subpoenas that Tiger Brands sought to enforce were found not relevant and were set aside, save for a limited part of a subpoena relating to industry norms and standards.

In considering the subpoena against the NICD (National Institute of Communicable Disease), the SCA held that the NICD’s report should be accepted until reviewed and set aside, as Tiger Brands has not challenged the report itself in a competent court.

We welcome the SCA judgment as a victory for the victims of the class action, as it brings resolution for the way forward in the main trial. Tiger Brands has until 25 February 2022 to notify the Court of any intention to appeal. Failing an appeal, the main trial can now proceed, to determine Tiger Brands’ liability to the four classes of claimants.

The full SCA judgment can be read here.

Class Member Participation

We continue to build the damages claims of class members in preparation for trial. Now that the interlocutory applications have been dismissed this process is increasingly important.

In order to claim damages from Tiger Brands, we must prove that every claimant’s harm is linked to Tiger Brands’ product. To do this, we require an affidavit from each claimant as to whether Enterprise products were bought or eaten, as well as evidence of each claimant’s listeriosis, determined from medical records.

To prove what harm was suffered by each claimant, we need to produce a combination of expert medical assessments and actuarial calculations. We may contact you to provide us with further information relating to how claimants’ income, careers and cost of living have been affected.

This class action depends largely on the quality of information we have available from all class action claimants. Please ensure on-boarding documents, including clear copies of your identity documents; power of attorneys and medical release forms, as well as various affidavits are submitted. These documents are vital as they are used to request the relevant medical records and test results that serve as evidence of causation.

Thank you for your co-operation in providing these documents and engaging with our paralegals for lengthy interviews. Together, these documents and interviews build a strong case against Tiger Brands and move us closer to resolution.

We once again remind you of the following –

1. Information regarding medical care:

   Please ensure that you have provided our team with the following information which is required to request medical records:

   • the correct name of the hospital and/or clinic that you visited over the outbreak period;
   • if you visited more than one hospital at that time, please provide all details for both

     hospitals;

   • admission dates;
   • discharge dates and
   • patient number

     We understand that this information may take you time to access as the outbreak occurred some time ago, however, medical records are essential to establish causation and thus this information is vital to proving your claim.

2. Affidavits relating to consumption of Enterprise polony (“consumption affidavits”)
   
   Thank you to all those claimants who have signed and submitted these consumption affidavits. If you have received an affidavit, but not yet signed it, please sign it before a commissioner of oaths and send it to us as soon as possible. If you do not have access to fax or email we will arrange for our outreach team or a courier to collect it from you.
   
   There are a number of claimants who have not yet received affidavits relating to consumption of the product. You will receive one within the next few months. Please take time to read through the affidavit and verify the correctness of the information, before signing each page before a commission of oaths. Should you have any queries please do not hesitate to get in touch with us.
   
   
3. Loss of income or earning capacity
   
   Depending on the severity of your listeriosis infection, you may have a claim for loss of income or earning capacity. In order to calculate your claim, we require the following documentation:
   
   1. • An indication of what your job or profession was before you (or your loved one) contracted listeriosis. If you have changed jobs since then please let us know what your job or profession is now. If you are or were unemployed, please let us know of any training you have received previously, and what your history of employment is.
      • Documentation showing proof of income, including salary/pay slips, bank statements, an affidavit confirming your income, or any other proof you may have confirming your income.
      • Records of your employment history as far back as possible. Your employer may help you in obtaining this. Should you need us to send them a letter please let us know.
      • Copies of any qualifications you may have obtained in your life, including matric certificate, school reports, and any other training you may have completed.
      • If you are claiming on behalf of a child, copies of qualifications obtained by the child’s parents and siblings.
      • If you are claiming on behalf of another adult, copies of both the injured and your own documentation as listed above.
4. Narrative interviews:
   
   Every claimant is required to do a narrative on how you (or your loved one) contracted listeriosis, what was experienced during the illness and how life has changed since. The more accurate the information we have, the more compelling the story.
   
   These interviews are conducted by our team after we have had an opportunity to review your medical records, in order to determine whether there is enough evidence to prove that a claimant is a class member. Our team will contact you for an interview once your medical records are received and vetted. We will not be able to proceed with your claim, until we have consulted with you and obtained the history of your illness.
   

Contact Us

We are available at any time to consult with you. Send us a message via WhatsApp or send a ‘please call me’ to 082 044 0875. Alternatively email the paralegal in contact with you, or call our offices on 010 009 6925. We will return your call as soon as possible.

Kindly contact us if you have changed any contact details or address, so that we may update our records accordingly. It is very important to maintain an open line of communication.

We thank you for your patience and co-operation throughout this unavoidably lengthy process and we assure you that we are doing our best to move the matter forward.

Yours faithfully,

RSI and LHL

Class Attorneys

Client Update: 17 December 2021

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE

Compliments of the season to all our clients,

As we reach the end of the year we want to once again thank you for your co-operation and patience. A class action of this nature and magnitude is no small feat. There are many moving parts in this matter, some of which are not within our control, such as awaiting Court outcomes. Despite some delays, our dedicated team together with yourselves, our valued clients, have accomplished a great deal this year. We have been approached by 144 new claimants; received volumes of medical records and conducted hundreds of narrative interviews in order to be able to best tell your story and build our case.

Litigation Update

On 5 November 2021, the Supreme Court of Appeal (“SCA”), the second highest Court in South Africa, heard the appeals regarding the subpoenas that Tiger Brands issued to the NHLS (National Health Laboratory Services), two laboratories and various meat vendors involved in the manufacturing and production of meat products across the country, after the High Court held that the (reduced) subpoenas were to be enforced. These subpoenas seek to obtain information relating to the presence of Listeria monocytogenes in facilities and products over the outbreak period (from October 2016 to September 2018). Tiger Brands submitted that the key issue at the heart of the subpoenas is whether it can challenge the findings of the NICD (National Institute for Communicable Diseases) that Tiger Brands was the sole source of the ST6 outbreak. The subpoenaed parties do not wish to comply believing the requests are overbroad or irrelevant.

Members of our team joined the hearing remotely and listened to the arguments advanced by all parties as to why this information should or should not be released to Tiger Brands. Five judges presided over the matter and many of them asked probing questions to both sides relating to the relevance of the information and how it will affect our class action. Judgment was reserved, and we hope that it will be handed down in early 2022.

This SCA judgment will have a significant bearing on our litigation strategy. In the interim, we continue to forge forward and are making significant headway with other aspects of the litigation process, including an intensive engagement with the discovery documentation provided by Tiger Brands over the past two years. We will update you on the decision of the SCA and its effect on the class action when it is provided to us.

Once again, we assure you that we are doing our best to move the matter forward as swiftly as possible and trial preparations are well under way.

Class Member Participation

We are in the process of building the damages claims of class members; the determination and quantification of the injury or harm suffered by the various class members due to the listeriosis outbreak. In order to hold Tiger Brands liable for these damages we need to clearly establish causation, meaning that we have to show that the suffering experienced by the claimants was as a result of consuming Enterprise polony. Very few claimants have receipts or leftover product that they consumed Enterprise polony. Rather, we require an affidavit on oath from each claimant as to whether Enterprise polony was bought or eaten, as well as evidence of more likely than not contracting listeriosis, determined from medical records.

We then have to prove the harm that was suffered. We achieve this through a combination of expert medical assessments and actuarial calculations. We may contact you to provide us with further information relating to how claimants’ income, careers and cost of living have been affected. We have identified certain claimants for initial assessments with the medical experts. Our team will be in contact with these clients over the coming weeks.

This class action depends largely on the quality of information we have available. All class members would have submitted or will be in the process of submitting your on-boarding documents, including copies of your identity documents; power of attorneys and medical release forms, as well as various affidavits. These documents are vital as they are used to request the relevant medical records and test results that serve as evidence of causation. We thank you for your on-going co-operation in providing these documents and engaging with our paralegals for lengthy interviews. All of these aspects put together substantiate the claims we have against Tiger Brands and move us closer to our common goal.

We once again remind you of the following –

1. Information regarding medical care:

Please ensure that you have provided our team with the following information which is required to request medical records:

• the correct name of the hospital or clinic that you visited over the outbreak period;
• admission dates ;
• discharge dates; and
• patient number

We understand that this information may take you time to access as the outbreak occurred some time ago, however, medical records are essential to proving a claim and thus this information is vital to continuing your claim.

2. Affidavits relating to consumption of Enterprise polony

Thank you to all those claimants who have signed and submitted these consumption affidavits. If you have received an affidavit, but not yet signed it, please try to attend to it before a commissioner of oaths and submit it to us in January 2022.

There are a number of claimants who have not yet received affidavits relating to consumption of the product. You will receive one in the new year. Please take time to read through the affidavit and verify the correctness of the information, before signing each page before a commission of oaths. Should you have any queries please do not hesitate to get in touch with us.

3. Loss of income or earning capacity

Depending on the severity of your listeriosis infection, you may have a claim for loss of income or earning capacity. In order to calculate your claim, we require the following documentation:

• An indication of what your job or profession was before you (or your loved one) contracted listeriosis. If you have changed jobs since then please let us know what your job or profession is now. If you are or were unemployed, please let us know of any training you have received previously, and what your history of employment is.
• Documentation showing proof of income, including salary/pay slips, bank statements, an affidavit confirming your income, or any other proof you may have confirming your income.
• Records of your employment history as far back as possible. Your employer may help you in obtaining this. Should you need us to send them a letter please let us know.
• Copies of any qualifications you may have obtained in your life, including matric certificate, school reports, and any other training you may have completed.
• If you are claiming on behalf of a child, copies of qualifications obtained by the child’s parents and siblings.
• If you are claiming on behalf of another adult, copies of both the injured and your own documentation as listed above.

4. Narrative interviews:

We require every claimant to do a narrative on how you (or your loved one) contracted listeriosis, what was experienced during the illness and how life has changed since. The more accurate the information we have, the more compelling the story.

These interviews are conducted by our team after we have had an opportunity to review your medical records, to determine whether there is enough evidence to prove a claimant is a class member. Our team will contact you for an interview once your medical records are received and vetted. We will not be able to proceed with your claim, until we have consulted with you and obtained the history of your illness.

Contact Us

Our offices will be closed from 17 December 2021 and will re-open on 3 January 2022. We will however be available during this period by WhatsApp, or by sending a ‘please call me’ to 082 044 0875. We will return your call as soon as possible.

A skeleton team will continue working remotely during this time and will be in contact with those clients undergoing medical assessments. This process is extremely important, and your co-operation will be truly appreciated.

Kindly contact us if you have changed any contact details or address, so that we may update our records accordingly. It is very important to maintain an open line of communication.

We wish you and your loved ones a safe and peaceful festive season.

Yours faithfully,

RSI and LHL

Class Attorneys

Client Update: 29 October 2021

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE

Greetings to all our clients,

We trust this update finds you well and safe.

We want to that thank you for your patience and co-operation thus far. As you are aware, the litigation process in South Africa for even simple of matters is a long one. Matters of this nature and complexity do take considerable time. We assure you that as the class attorneys we are devoted to bringing you and your family justice by obtaining the best possible outcome in this class action. We cannot achieve this without your assistance and thank you for taking our calls and providing us with the documents that we request.

As we progress in the litigation process, our team expand. We are in the process of working with actuarial scientists and other qualified experts to move the matter forward on the damages process. These professionals have provided us with lists of further information that they will require and our team will be in contact with you in order to obtain this necessary information.

Litigation Update

On 5 November 2021, the Supreme Court of Appeal (“SCA”), the second highest Court in South Africa, will hear the appeal of Judge Colin Lamont’s June 2020 judgment, which dealt with the setting aside and compelling of certain aspects of the subpoenas that Tiger Brands issued to the National Health Laboratory Service (the governmental body that oversees the NICD’s functioning), various commercial laboratories that process L. monocytogenes (L- mono) testing, and various meat vendors involved in the manufacture and production of meat products across the industry in South Africa. The subpoenas seek information related to the presence of L. monocytogenes in facilities and products over the class period (from October 2016 – September 2018). The class attorneys believe that this information is sought to challenge the NICD’s finding that Tiger Brands was the sole source of the ST6 outbreak.

In his judgment, Judge Lamont expressed that the documents sought by Tiger Brands are “relevant to establish what the facts were, which facts are correct, and which facts are relevant”. The Court held Tiger Brands has the right to some of the documentation that it subpoenaed each party for, and the subpoenas must be substantially complied with. However, the majority of the subpoenaed parties appealed this order. The SCA will hear the appeal next week. It may be some months before a judgment is forthcoming. We undertake to update clients as soon as there is a development in this matter.

These applications and appeals are interlocutory proceedings to the main class action trial. These matters must be dealt with before the main trial is able to proceed. Unfortunately, these interlocutory proceedings have caused significant delays in the matter. We understand and sympathise with the confusion and frustration that you experience as a result of these delays. We assure you that we are working hard to move the matter forward as swiftly as we are able to within the ambit of the law. Our team continues to prepare for the trial, which we are hopeful will commence in the first half of 2022. The outcome of the SCA hearing on 5 November 2021 will largely determine how the trial will proceed.

Class Member Participation

We once again thank you for your assistance thus far in providing us with the important documentation and information necessary to build and proceed with the class action. The following documentation and information are essential to the case moving forward:

1. Information regarding medical care:

Please ensure that you have provided our team with the name of the hospital or clinic that you visited over the class period, as well as your admission dates and patient number if possible and relevant. We understand that this was some time ago, however, in many cases, we are only able to request medical records from health establishments when we are in possession of this information. Without proper medical records, it will be difficult to prove a claim.

2. Consumption affidavits:

If you have not yet received a consumption affidavit for signature, please contact our offices to enable us to arrange for these documents to be sent to you. If you are in receipt of a consumption affidavit, but have not yet signed and commissioned the affidavit, kindly have the affidavit signed and commissioned and returned to our offices as soon as possible. If you have any queries about the content of your affidavits please do get in touch with us and our team will gladly provide you with clarity.

3. Loss of income or earning capacity:

Depending on the severity of your listeriosis infection, you may have a claim for loss of income or earning capacity. We need the following documentation to enable us to calculate the claim and kindly request that you forward this documentation to our offices, if you have not yet done so.

3.1 An indication of what your job or profession was before you or your loved one got ill with listeriosis. If you have changed jobs since then please let us know what your job or profession is now.

3.2 Documentation showing proof of income. These may be salary/pay slips, bank statements, an affidavit confirming your income, or any other proof you may have confirming your income.

3.3 Records of your employment history as far back as possible. Your employer may help you in obtaining this. Should you need us to send them a letter please let us know.

3.4 Copies of any qualifications you may have obtained in your life, including matric certificate, school reports, and any other training you may have completed.

3.5 If you are claiming on behalf of a child, copies of qualifications obtained by the child’s parents and siblings.

3.6 If you are claiming on behalf of another adult, copies of both the injured and your own documentation as listed above.

4. Narrative interviews:

Narrative interviews are conducted by our paralegals with the purpose of telling the story of your listeriosis illness as clearly and as accurately as possible. Narratives must be completed for every one of our clients. The more information that you are able to provide to us, the more comprehensive a narrative we will be able to draft. We are able to conduct these interview once we have received your medical records.

If you have not yet consulted with one of our attorneys or paralegals for an interview, kindly contact our offices to arrange for a consultation at your convenience. Please note that we will not be able to proceed with your claim, until we have consulted with you and obtained the history of your illness.

5. You may contact our offices via email at listeria@rsinc.co.za, alternatively by ‘WhatsApp’, or by sending a ‘please call me’ to 082 044 0875. We will return your call as soon as possible. Please note you may receive a call from a number beginning with “010”. This is our Johannesburg office’s telephone number.

6. As stated above, our main aim and focus of the class attorneys is to speed up the process as far as possible and obtain justice for you and your loved ones This is only possible with your continued support and co-operation.

7. Kindly contact our offices on 0114826081 if you have changed any contact details or address, so that we may update our files accordingly.

8. Should you have any other queries regarding your matter or require clarity on anything mentioned in this update, please do not hesitate to contact us.

We wish you continued safety and good health.

Yours faithfully,
RSI and LHL, Class Attorneys

Client Update: 30 August 2021

Greetings to all our clients,

RE: LISTERIOSIS CLASS ACTION – LITIGATION UPDATE

We trust this update finds you well and safe.

Litigation is a long and tedious process and rarely shows significant progress in intervals of less than six months. We are currently exchanging pre-trial notices with Tiger Brands’ attorneys and drafting expert notices and reports in our preparation to apply for a trial date.

Further, we are busy with the discovery of documentation process, we have made considerable progress in working with our experts to review extensive documentation provided by Tiger Brands.

We thank you for your assistance thus far in providing us with critical documentation and information. We need your further assistance and co-operation, as listed hereunder, to enable us to proceed further with your claims and with the class action as a whole.

1. Consumption affidavits:

If you have not yet received a consumption affidavit for signature, please contact our offices to enable us to arrange for these documents to be sent to you. If you are in receipt of a consumption affidavit, but have not yet signed and commissioned the affidavit, kindly have the affidavit signed and commissioned and returned to our offices as soon as possible.

2. Loss of income or earning capacity:

Depending on the severity of your listeriosis infection, you may have a claim for loss of income or earning capacity. We need the following documentation to enable us to calculate the claim. Kindly forward these documentation to our offices, if you have not yet done so.

2.1 Documentation showing proof of income. These may be salary/pay slips, bank statements, an affidavit confirming your income, or any other proof you may have confirming your income.

2.2 Records of your employment history as far back as possible together with proof of income for previous employment if possible

2.3 Copies of any qualifications you may have obtained in your life, including matric certificate, school reports, and any other training you may have completed.

2.4 If you are claiming on behalf of your child, copies of qualifications obtained by the child’s parents and siblings.

2.5 If you are claiming on behalf of another adult, copies of both the injured and your own documentation as listed above.

3. Narrative and biographical interviews:

Narrative interviews are conducted by our paralegals and in these interviews we aim to get a better picture of the story of your listeriosis struggle. Narratives must be completed for every one of our clients. Biographical interviews, on the other hand, are not compulsory for all clients. Select clients will be asked to provide a very detailed account of various aspects of their listeriosis experience in the form of a biographical interview. These in-depth interviews assist us greatly in understanding the extent of the hardships suffered by our clients.

If you have not yet consulted with one of our attorneys or paralegals for the above interviews, kindly contact our offices to arrange a consultation. We are not able to proceed with your claim, until we have consulted with you and obtained the history of your illness.

4. You may contact our offices via email at listeria@rsinc.co.za alternatively by ‘WhatsApp’ or by sending a ‘please call me’ to 082 044 0875. We will attempt to get back to you as soon as we are able to do so. Please note you may receive a call from 010 009 6925, this is our Johannesburg office’s telephone number. Please save this number to your phone.

5. The focus of the class attorneys is to speed up the process as much as possible. We can only do this with your continued support and co-operation.

6. Kindly contact our offices on 0114826081 if you have changed any contact details or address, so that we may update our files accordingly.

We wish you continued safety and health.

Yours faithfully,

RSI and LHL

Client Update: 24 June 2021

Greetings to all our clients,

We trust this update finds you well and safe. The litigation team continue to drive the listeriosis class action and this short update is intended to give you the highlights of the process since the last update.

1. eNCA Interview - Checkpoint
   1. For those of you who missed the interview on eNCA on 8 June 2021, some of our clients and members of the litigation team were interviewed on eNCA’s programme, Checkpoint. We hope this public attention will motivate Tiger Brands towards resolution of this litigation.
   2. If you did miss it, you can access a recording of the show at https://www.enca.com/shows/checkpoint-listeriosis-update-09june-2021.
2. Defendants’ Discovery
   
   1. “Discovery” is the process whereby each side of the litigation provides documents which may be relied on in Court proceedings, by either party. Discovery typically has to be completed before a trial can commence.
   2. After much back and forth, the litigation team insisted that the matter of delayed discovery be brought to the attention of Judge Lamont. In this meeting, held in May 2021, Tiger Brands agreed to speed up its discovery process.
   3. Tiger Brands has now provided its first category of discovery, the “HACCP” documentation and records. These documents are vital to assess whether proper food safety procedures were in place at the facility and whether these procedures were complied with by Tiger Brands’ staff.
   4. Tiger Brands has undertaken to provide the rest of its documents for discovery by the end of June 2021.
3. Tiger Brands’ Subpoenas of Third Parties
   1. Tiger Brands is entitled to be provided with any information reasonably necessary in order for them to prepare a full defence to our claim against them. In order to get information which they think is relevant, they have subpoenaed various parties, including the NICD, the testing laboratories and other meat producers. Tiger Brands has essentially asked for all data these parties have relating to Listeria monocytogenes over the class period. In doing this, we understand Tiger to be trying to find another party with whom to share the blame for the outbreak, despite the NICD’s conclusion that Tiger was the sole source of the outbreak.
   2. This has delayed the start of the class action’s trial because the matter cannot progress until all relevant documentation has been discovered.The matter is likely to be heard by the Supreme Court of Appeal (“SCA”) soon.
4. Documents and Administration
   1. The litigation team wish to take this opportunity to thank our clients for their continued patience in engaging with us and providing the documents requested for each aspect of the case.
   2. We reiterate the need for support from our clients. Without your support and documentation, there is no class action. Please continue to provide documents in an efficient and timeous manner.
5. Moving Forward
   1. The litigation team continue to push the class action forward and shall update the class members on all further developments as they arise.
   2. Our offices are open to address any concerns you may have. Please also ensure that you inform us should any contact detail or personal circumstance change.
   3. Please 'WhatsApp' or send a 'please call me' to 082 044 0875, or email listeria@rsinc.co.za and we will get back to you as soon as we can. Alternatively, please liaise with the paralegal you have been in contact with.
   4. Lastly, please note you may receive a call from 010 009 6925, this is our Johannesburg number. Please save this number to your phone.

Yours faithfully,

RSI and LHL

Client Update: 05 May 2021

Greeting to all our clients!

05 May 2021

During the first quarter of 2021, the Listeriosis Class Action team have been working hard and forging ahead with the litigation against Tiger Brands. In this update, we will provide feedback on what our focus has been so far this year, and what to expect in the coming months.

Client Outreach

Spot of Innovation is continuing with new client outreach in order to onboard as many victims of the listeriosis outbreak as possible. Mr Shaka Dzebu has been visiting clients in Gauteng and surrounding areas. Mr Dzebu also facilitates document collection with existing clients, where necessary. Many clients have struggled to get documents to us and the ability of Mr Dzebu to attend directly on client homes has improved the speed of this process. If you have not finalised providing all documentation, please let us know how we can help.

Document Collection

As the case develops, the Class Attorneys have sought to provide Tiger Brands with information on each victim of the outbreak to paint a picture of the scale of harm and injury endured by the Class Members. A narrative of each client’s experience, NICD records, medical records and any other important information are put together to create a pack for each client. The packs are sent to Tiger Brands so that they may understand the nature and extent of the damages suffered and to encourage a reasonable settlement of the dispute.

We rely on information provided by clients to complete client packs, biographical questionnaires and psychological assessments. It is crucial that the information is correct, including documents such as identity documents, birth certificates and affidavits. The Class Attorneys continue to send out requests for information to prepare for the next stage in the litigation and to build a strong and convincing case.

This matter requires the co-operation of every client to maintain momentum and build a strong case. We urge clients to return the documents we request in a timely manner. Every document and piece of information that we receive quickly moves the case along that much faster.

Consumption Affidavits

In addition to the document collection above, the Class Attorneys have requested that clients sign and commission consumption history affidavits. The purpose of these affidavits is to show the causal link between clients consuming Enterprise ready-to-eat meat products within the outbreak period and subsequently becoming ill and suffering harm. Without this document, we cannot determine whether each client’s case is part of the class action.

It is imperative for each page of the affidavit to be initialled by both the client and the commissioner of oaths, and for the client and commissioner of oaths to sign on the signature line at the end of the affidavit, in order for it to be legally binding. Commissioners of oaths occupy various offices and clients may visit law firms, post offices, principals of schools and police stations to get their affidavits commissioned free of charge.

Please ensure you follow the above directions to ensure the affidavit is commissioned and finalised correctly to avoid having to redo the process.

Discovery

In trial litigation, discovery is a process whereby each party is required to disclose all documents, recordings and correspondence relevant to the litigation, provided that they are not legally privileged.

Tiger Brands has taken over 18 months to make proper discovery, and many relevant documents have still not been discovered. The reason for the delay is that Tiger Brands’ electronic records exceed 16 terabytes of information, equating to more than 8 million files that need to be reviewed to determine whether the information is relevant to the litigation and whether any information is legally privileged. As was evidenced by our application to compel discovery in 2020, it is clear that the Class Attorneys are not in agreement with Tiger Brands’ approach on discovery. Due to the extent and complexity of Tiger Brand’s discovery documents, it was agreed that a unique approach would be adopted and that discovery would be made in tranches of documents.

In the first tranche of discovery, the Class Attorneys have requested all information relating to the procedures that Tiger Brands had in place to ensure that their food products were ready for consumption and safe to eat. These procedures are commonly referred to as the HACCP documentation and records.

The first tranche of Tiger Brands’ discovery has been reviewed by the food safety experts, Prof Ryk Lues and Ms Anya Knoetze. It initially appeared to be all the procedures, protocols and systems relating to safe food handling at the Enterprise meat processing facility in Polokwane.

However, upon expert assessment it became apparent that Tiger Brands had failed to provide critical and relevant information. A meeting was requested with Tiger Brands on 8 April in order to narrow remaining disagreements on discovery.

At this meeting, Tiger Brands stated that they had provided the Class Attorneys with only the hardcopy documents of their food safety procedures. They stated that the electronic HACCP documents and records remained outstanding. This was the first instance where Tiger Brands had confirmed to the Class Attorneys that their first tranche of discovery was incomplete. It was agreed that Tiger Brands would determine whether their food safety information was readily available or, alternatively, whether they would have to reconstruct their food safety procedures with the assistance of an expert to provide the Class Attorneys with a full picture of their food safety protocol and procedure.

Tiger Brands has since stated that they should be able to complete their review of electronic documents and to discover and produce the relevant HACCP documents and records, by no later than 9 July 2021. The Class Attorneys believe this timeline is unreasonable and would create unnecessary delays in the case that would prejudice the interests of the Class Members. As such, the Class Attorneys will insist that a case management meeting with Judge Lamont is held to request a third party to oversee and manage the discovery process, also to ensure that strict and reasonable timelines are adhered to.

The report to be drafted by Prof Lues and Ms Knoetze showing whether the Tiger Brands acted as a diligent and reasonable food producer before, during, and after the outbreak will depend on the content of their food safety procedures and protocols. These reports cannot be finalised until the discovery of the HACCP documents has been finalised and have been put on hold until Tiger Brands has provided a full picture of the food safety procedure. This report will be used in support of the claim that Tiger Brands acted negligently in causing and responding the Listeria outbreak.

Damages Assessments

The assessment of damages of each client informs the second phase of the litigation. The Class Attorneys will continue over the upcoming months to conduct biographical questionnaires and narrative interviews with clients to gather as much information as possible from clients regarding the incident.

The purpose of the biographical questionnaires is to comprehensively investigate the impact of contracting listeriosis on each of our clients’ lives, emotionally, financially and socially. This information will ultimately be used to calculate the amount of damages that we demand from Tiger Brands to compensate our clients for the injury and harm suffered, due to contracting listeriosis. It will also inform which clients require further expert assessments to determine the nature and extent of the harm suffered.

Psychological Assessments

The Class Attorneys have engaged Mr Martin Yodaiken and Dr Shona Fraser to complete psychological assessments on a sample of selected clients. These assessments were completed on 10 April 2021. We have received a preliminary report from our psychologists in this regard with suggestions on a broader assessment and approach to psychological injuries.

These assessments will further support our claim for damages from Tiger Brands during the second part of the litigation.

Moving Forward

The Class Attorneys continue to push the class action forward and shall update the class members on all further developments as they arise.

Our offices are open to address any concerns you may have. Please also ensure that you inform us should any contact detail or personal circumstance change.

Please 'WhatsApp' or send a 'please call me' to 082 044 0875, or email listeria@rsinc.co.za and we will get back to you as soon as we can. Alternatively, please liaise with the paralegal you have been in contact with.

Lastly, please note you may receive a call from 010 009 6925, this is our Johannesburg number. Please save this number to your phone.

Yours faithfully,

Alexander Spoor

Client Update: 28 September 2020

Introduction

Greetings to all our clients!

Litigation preparation for trial continues against Tiger Brands. Importantly, in terms of this preparation the Class Attorneys and Tiger Brands have reached resolution on a method for discovery where Judge Lamont will oversee monthly reporting from Tiger Brands. Other developments include the granting of leave to appeal in the interlocutory subpoena applications.

Defendants’ Discovery

On 24 June 2020, the Class Attorneys filed an application to compel Tiger Brands to discover the documentation relevant to the case, after months of requests to do so on both a formal and informal basis.

On 9 September 2020, the parties met before Judge Colin Lamont, who is judicially managing the case, in an attempt to resolve the matter before resorting to a hearing. Consequentially, the parties have agreed that the Court will oversee the defendants’ discovery process through a method of monthly reporting and the possibility of a third-party manager. The application to compel discovery has been postponed indefinitely.

We trust that the agreement between both parties will enable a swift preparation for trial.

Subpoena Appeal Hearings

On 15 September 2020, the Court heard various applications for leave to appeal by parties subpoenaed by Tiger Brands. In June, the Court handed down judgment upholding various subpoenas issued by Tiger Brands to various entities in the meat industry. The matter in dispute is whether laboratories, meat producers and the NHLS are obliged to give Tiger Brands their testing information for the period of the listeriosis outbreak. Tiger Brands hopes that this information will show that Tiger Brands was not the only meat producer with Listeria in its facilities. We are confident that if Tiger Brands gets access to this testing information, it will not help its case. The date for the appeal of this matter in the SCA is pending.

These applications are separate matters to the main class action and have no direct bearing on Tiger Brands’ liability to the class members; only its ability to access documents from other parties relating to the pleadings. We will closely monitor the appeal and to the extent intervention will aid resolution in the dispute we will consider intervening.

Going Forward

The Listeriosis Class Action team continues to prepare for trial. We remain hopeful that Tiger Brands will act as a responsible corporate citizen and make offer of settlement before the matter reaches the trial stage. We shall continue to update the class members on all further developments as they arise.

In the event that you have any further information to provide the Class Attorneys, please contact the relevant paralegal who has been in contact with you, or contact our team by sending a 'WhatsApp' or 'please call me' to 082 044 0875, or email listeria@rsinc.co.za and we will get back to you as soon as we can. Please ensure you get in contact should any contact detail or personal circumstance change.

Yours faithfully,

Alexander Spoor