For as long as George Phillipus Coetzee jnr can remember, his family regularly bought and consumed Enteprise products.
“My father was particularly fond of Enterprise’s chicken viennas and polonies, which were a constant on his grocery list,” he states in an affidavit.
But in December last year, his father suddenly started to complain of flu-like symptoms and unbearable headaches.
Blood test results on December 12 shocked his relatives: the family’s “beloved patriarch” had contracted listeriosis and was in a critical condition. Two days later, George Phillipus Coetzee snr, who ran a Northern Cape construction firm that employed his son, was dead.
“It’s now clear that my father, along with others, most likely contracted listeriosis from eating contaminated Enterprise processed foods.”
Now unemployed, Coetzee jnr - who has been evicted from his home - is one of 10 applicants cited in an application for the certification of a class action lawsuit filed last month against Tiger Brands and Enterprise, by human rights lawyer Richard Spoor and US foodborne illness attorney Bill Marler.
In his court papers, Spoor - who won a groundbreaking silicosis class action certification against mining firms in May 2016 - explains how the applicants are among the many victims of the largest listeriosis epidemic in recorded history.
“Each applicant has suffered profound loss as a result of the epidemic. Some contracted and survived listeriosis. Others lost family members. Some applicants are parents, whose newborn babies contracted serious illnesses that will haunt them for life. Others are parents whose babies were stillborn as a direct result of listeriosis.
The production of food, and ready-to-eat foods in particular, involves immense public trust, he says.
“At the heart of this case is the respondents breach of this trust and the consequences of the breach The respondents form part of a large conglomerate that produces trusted brands, supposedly under the
strictest sanitary conditions They, however, failed to take the necessary steps to avoid the spread of Listeria through their products (They) remained supine in the face of a deadly national crisis.”
Last week, the National Institute for Communicable Diseases revealed there had been 193 confirmed listeriosis deaths, emphasising the source of the outbreak is ready-to-eat processed meat products made at Enterprise’s Polokwane production facility.
“We acknowledge and recognise that we are dealing with a national crisis which has impacted customers, consumers and the food industry,” said Tiger Brands spokesperson Nevashnee Naicker this week. “Tiger Brands remains committed to finding a lasting solution and will continue to work closely with local, national and international stakeholders. The industry is engaging on the criteria for listeria management for the meat processing category.”
Another listeriosis class action lawsuit has been filed against Tiger Brands by LHL Attorneys. Naicker says of the two cases: “There are claims that Tiger Brands opposed the class actions brought against it. This is inaccurate. Before it can be launched and pursued, a class action must be certified as such by the Court. “Two separate and competing applications for certification of the same class action have been filed in this matter Tiger Brands is opposing the applications, because, procedurally, the same class action cannot be certified in more than one application This is a legal administrative process with timelines for response, and Tiger Brands had to indicate whether it opposes the present process. It has done so to protect its rights.”
Thami Malusi, an associate at Richard Spoor Attorneys, said it made sense to merge the two class action lawsuits. An announcement could be made next week.
The firm now has 112 clients on its database. “We’re exploring options on how to consolidate the two class actions. We don’t think it’s in the best interests of our clients to argue what lawyer brought the application, but rather to focus on the merits of the case, which is whether Tiger Brands is liable.”
Naiker said Enterprise was conducting detailed investigations to find the source of the deadly listeria strain, LST6 at its facilities.
“Our immediate priority is to ensure the safety and health of consumers. Our facilities will only be reopened once all criteria for reopening have been met, in conjunction with the Department of Health, to give all South Africans the assurance of the safety of products produced at Enterprise Foods.”