An advance payment has been made to a listeriosis claimant who required interim assistance to address urgent medical needs though liability has not been proven, Tiger Brands, Richard Spoor and LHL Attorneys said on Monday.

“The parties are engaged in discussions to extend the relief to other qualifying claimants in a similar position,” the company and law firms said.

“To protect the privacy of the individuals no details of the payments will be made public.”

Between 2017 and 2018, a listeriosis outbreak saw 1,060 laboratory-confirmed cases reported by the National Institute of Communicable Diseases (NICD) and 218 deaths. The NICD identified Tiger Brands’ Enterprise Foods factory in Polokwane as the source of the outbreak in 2018.

A class-action lawsuit was launched against Tiger Brands in 2018.

Its CEO Tjaart Kruger said the legal process has proved long and arduous.

“Though liability has not yet been determined and Tiger Brands has no legal obligation to provide interim relief now, the interim advance payment to a number of claimants with urgent needs recognises the debilitating circumstances in which they find themselves. Where the company has been provided with required information and documentation to enable decision-making in the process, we will act swiftly.

“Engagements between the parties’ legal representatives will continue in respect of the assessment of a number of claimants who may qualify for assistance within the confines of the process.

“Endeavours are ongoing to explore a broader resolution of the class action in total and we hope to be in a position to make further announcements in this regard soon.”

Kruger said progress has been made in the company's longstanding efforts to gain access to the NICD’s records relating to their investigation of the outbreak. “We believe access to the NICD’s records will greatly assist the parties in moving the matter forward.”

The class action, which is being managed in two stages, is still at the first stage during which liability is to be determined by the court. Only if Tiger Brands is found to be liable will the issue of causation arise, in the second stage of the class action, as well as an assessment of compensation payable to qualifying claimants for damages suffered.