Tiger Brands wants listeriosis resolution

THE next step in their pursuit of justice may proceed after the Supreme Court of Appeal (SCA) found in favour of listeriosis victims against Tiger Brands.

THE SCA upheld an appeal by commercial pathology laboratory Deltamune and others relating to the validity and enforceability of subpoenas in the listeriosis class action case against Tiger Brands.

Tiger Brands had issued subpoenas to the National Health Laboratory Services (NHLS), two laboratories and various meat vendors across the country, which sought to obtain information relating to the presence of Listeria monocytogenes in facilities and products over the outbreak from October 2016 to September 2018.

Tiger Brands argued that at the heart of the subpoenas was whether it could challenge the findings of the National Institute for Communicable Diseases (NICD) that the group was the sole source of the outbreak.

It argued that because the plaintiffs alleged that they were the source of the outbreak, that an inquiry was needed to hear if they were liable for everyone who claimed damages.

The SCA found that the focus of the class action was only on those whose damages resulted from certain products, and it was therefore irrelevant whether other people were harmed.

“Broadly, the objections to the subpoenas were premised on the grounds that: (a) the documents are not relevant to the issues arising in the class action; (b) the breadth of the requests constituted an abuse of the court process; (c) the subpoenas amounted to a ‘fishing expedition’; (d) the information in the requested documents was confidential and private,” court documents read.

Responding to the judgment, Tiger Brands said it paved the way for the next step in the legal process. “The 2018 listeriosis outbreak affected many South Africans. We are saddened by the impact it has had on the lives of the victims and those who have lost loved ones from the outbreak. Tiger Brands reiterates its commitment to ensure that a resolution of the matter is reached in the shortest possible time, in the interest of all parties, particularly the victims of listeriosis.”

Deltamune had not responded to enquiries by deadline.