Listeriosis class action settlement in limbo as health bodies ordered to hand over records

Almost a decade after a deadly listeriosis outbreak, some victims and their families are yet to be compensated for the trauma and loss.

Tiger Brands was implicated by the National Institute of Communicable Diseases (NICD) which tracked a strain of listeria to the food manufacturer’s facilities in Polokwane and Germiston.

Tiger Brands in May last year announced that a settlement offer had been presented to the victims, but stressed that liability had yet to be proven.

An update sent by attorneys for the claimants in January said that the NICD was yet to hand over personal and medical information related to the claimant’s families.

The attorneys approached the high court to compel the NICD and National Health Laboratory Service (NHLS) to comply, with a court order granted on 17 April.

NICD and NHLS forced to cooperate

In a notice to the class action claimants sent by Richard Spoor Inc and LHL Attorneys, seen by The Citizen, the legal professionals outlined the status of the case.

The class action was certified by the courts in December 2018 after a strain of listeria killed 218 people and affected at least another 820 who consumed contaminated processed food in 2017.

The attorneys lodged a high court application in November 2025, with the court in April granting an order in the claimant’s favour.

“This means that the NICD and NHLS now must provide us with all relevant information that they gathered in investigating the source of the listeriosis outbreak, which they found to have originated from Tiger Brands’ Polokwane factory,” the notice dated 30 April says.

The attorneys have been preparing to take the matter to tria, and the information is needed for the attorneys to prove the origins and outbreak period to establish full liability.

Tiger Brands, the NICD and NHLS were all contacted for comment on Friday morning and their responses will be added when forthcoming.

‘Principle of accountability’

One of the claimants in the case is United Kingdom-based Glen Strutt, whose mother was placed in intensive care to treat listeria meningitis and sepsis after she ate contaminated products.

Aldeth Olive Strutt died in June 2020, with Glen claiming for the care costs following the incident and the dementia and Alzheimers that he believes Aldeth later suffered due to her listeria infection.

Strutt said the matter was never about personal gain and sees the class action as a fight between a corporate giant and ordinary citizens.

“My original desire to be one of the principles to the class action was based on a need to find some gateway for those not as fortunate to find some or other way to get restitution.

“The fallout is much larger in impact for those who are totally dependent on the payment settlement to be able to care for their directly affected family members.

“It is the larger principle of accountability for me, not the financial restitution for my mom,” Strutt told The Citizen.

The April notice from the attorneys confirmed no settlement had been reached and that they were committed to taking the matter to trial.

“We are also engaging with Tiger Brands in an effort to reach a fair and inclusive settlement for class members.

“Settlement discussions remain ongoing, and we will update class members when there are material developments,” the notice says.