It will take at least another year for the listeriosis lawsuit to be concluded after the high court in Joburg gave the go-ahead for a class action to go ahead against Tiger Brands.
Deputy Judge President Phineas Mojapelo yesterday approved the certification order brought by claimants through their lawyers, Richard Spoor and LHL Attorneys, against Tiger Brands.
The class action is brought on behalf of claimants and covers at least 1060 people who were affected by the listeriosis outbreak.
The case was brought against Tiger Brands after the source of the outbreak was linked to its Polokwane Enterprise factory. The outbreak led to the deaths of 189 people.
The number of claimants is expected to increase, and Tiger Brands has agreed to set up a toll-free number and put out advertising in the media to attract people who want to join the suit.
“We are supporting this notice process to ensure that any individuals who believe they have a legitimate claim can be informed of the class action. We are committed to ensuring that the legal process runs smoothly and as quickly as possible. In managing the application for the certification of the class action in this manner, we have been able to substantially shorten the time taken for this part of the legal process,” said Mary Jane Morifi, Tiger Brands’ chief corporate affairs officer.
Thamsanqa Malusi from Richard Spoor Attorneys said there was still a long way before claimants could get justice.
Malusi pointed out: “You first have to certify the class. That means you have to define the group of people you want to represent and why you want to represent them.
“Now the process of making a case on Tiger Brands’ liability is going to start. The important part after certification is making a case of Tiger Brands’ liability, that they are responsible for the outbreak and for getting people sick. Then we can quantify the damages.”
He said they would file their liability papers next month.
“After that we will have a discovery process to find out what testing they did as required by the law. Once that is done we can get a date from the judge on the hearing.”
Malusi said they hoped to conclude the case by early 2020.
Morifi said no liability had been established against the company. However, should liability be determined, the company would respond appropriately to any legitimate claims.