A major development has emerged in the long-running listeriosis class action against Tiger Brands, as attorneys representing the company’s lead reinsurer, QBE Insurance Group, presented a conditional settlement offer to the plaintiffs’ legal team.

According to Polokwane Review, the offer, confirmed by Tiger Brands on April 25, applies to certain victims of the deadly 2017–2018 listeriosis outbreak, specifically those affected by the ST6 strain of listeria monocytogenes, which was ultimately traced back to the Enterprise Foods factory in Polokwane.

According to the statement issued today, the insurer, with Tiger Brands’ support, has authorised attorneys to offer compensation to three specific categories of victims:

• Individuals who contracted listeriosis (or whose mothers did) due to the ST6 strain.
• Those who lost a legal breadwinner to ST6 listeriosis.
• Legal guardians of dependants who contracted ST6 listeriosis.

The offer includes payment for proven or agreed compensatory damages under Section 61 of the Consumer Protection Act 68 of 2008. However, it is made without any admission of liability and is subject to certain conditions being met.

Tiger Brands has reiterated that it has adequate product liability insurance in place to cover such claims and maintains that this move is part of a broader strategy to resolve the class action.

The company also noted that no personal or financial details of the offer will be made public to protect claimants’ privacy.

“Today’s announcement represents an important milestone and follows shortly on measures already taken in February to offer interim relief in the form of advance payments to identified claimants with urgent medical needs. It also demonstrates our commitment to continue to work closely with our insurers and their appointed attorneys to explore a resolution of the entire class action,” said Tiger Brands Tjaart Kruger.

Attorneys for the plaintiffs will now begin the process of presenting the settlement offer to qualifying claimants. Those who accept will have their damages assessed individually, with the process expected to take several weeks.

The class action is still in stage one, and a court will determine whether Tiger Brands can be held liable or not during this time. Only after this stage will the court assess causation and potential damages on a broader scale.

The listeriosis outbreak, declared the world’s largest ever, claimed over 200 lives and left lasting trauma for many South African families.

The fallout was also significant for Polokwane’s economy, as the Enterprise factory, once a major local employer, was forced to shut down during the investigation.

Department of Health responds

Meanwhile, the Department of Health welcomed the decision to finally settle, adding that it is an important milestone in bringing the lengthy legal matter to an end.

Health spokesperson Foster Mohale said the National Institute For Communicable Diseases is providing the required medical records to enable decision-making in the process during the investigation of the listeriosis outbreak.

“The department is also appealing to those with enough evidence suggesting a causal link between the outbreak of listeriosis and the loss of their loved ones, to come forward so that their clinical records can be accessed for assessment to establish if indeed they have valid claims eligible for settlement, and also to find lasting closure after grief,” his statement read.

Mohale said the outbreak highlighted the importance of consistent and strict adherence to food safety practices in the processing and handling of ready-to-eat foods, especially for mass supply.

“Food safety and hygiene practices remain crucial for public health, preventing food-borne illnesses, reducing food waste and avoiding costly food recalls,” he said.

As legal proceedings continue, Tiger Brands said it remains committed to working with its insurers to find a resolution and ensure timely relief for affected individuals.

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