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.
- eNCA Interview - Checkpoint
- 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.
- If you did miss it, you can access a recording of the show at https://www.enca.com/shows/checkpoint-listeriosis-update-09june-2021.
- Defendants’ Discovery
- “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.
- 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.
- 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.
- Tiger Brands has undertaken to provide the rest of its documents for discovery by the end of June 2021.
- Tiger Brands’ Subpoenas of Third Parties
- 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.
- 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.
- Documents and Administration
- 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.
- 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.
- Moving Forward
- The litigation team 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 email@example.com 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.
RSI and LHL