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Institution of Class Action by Richard Spoor Attorneys
TIGER BRANDS LIMITED
“Tiger Brands” or “the Company”
Incorporated in the Republic of South Africa)
Registration number 1944/017881/06)
Share code: TBS
ISIN: ZAE000071080
Institution of Class Action by Richard Spoor Attorneys; Results of
tests carried out on behalf of the National Institute for
Communicable Diseases (“NICD”) relating to the presence of
Listeria monocytogenes ST6 (“LST6”)
Class Action
On 29 March 2018, the Company and Enterprise Foods were served
with an application issued by Richard Spoor Attorneys for an order
declaring the constitution of four classes of claimants who will
seek compensation from the Company and Enterprise Foods as a
consequence of the involvement of the Company and Enterprise Foods
in the listeriosis outbreak.
The applicants propose a class action comprising four classes of
persons.
The first class comprises individuals who contracted listeriosis -
but did not die - as a consequence of consuming Enterprise
products. The second class comprises individuals who, while in
utero, contracted listeriosis - but did not die - as a consequence
of their mothers’ consuming Enterprise products. The third class
comprises individuals who were dependent upon other individuals
who contracted listeriosis and subsequently died as a consequence
of consuming Enterprise products. The fourth class comprises
individuals who are and/or were responsible for the maintenance of
or were in fact maintaining, other individuals who contracted
listeriosis from consuming Enterprise products, whether they died
as a consequence of the infection or not.
The applicants propose to launch the class action in two stages.
In the first stage, the applicants will seek a declaratory order
establishing the nature and extent of the liability of the Company
and Enterprise Foods to the various classes. The second stage,
assuming liability is established, will be to determine whether
the individual claimants ingested contaminated product, contracted
Listeria, and suffered damages.
Stage one will proceed on an “opt out” basis; stage two will
proceed on an “opt in” basis.
It is not possible at this early stage to calculate the damages to
which the claimants would be entitled if the liability of the
Company and Enterprise Foods is established.
Results of tests carried out on behalf of the NICD for the
presence of LST6
On Wednesday 28 March 2018, the Department of Health provided the
Company with a summary of results of culture identification and
whole genome sequencing performed for the NICD based on Listeria
monocytogenes isolates, which they indicated were obtained from
ready-to-eat products produced by the Company’s Value-Added Meat
Products division.
LST6 was found in seven of the products.
The Company has not had access to the underlying source material
analysed on behalf of the NICD nor the details of the tests
conducted. At this stage, these results have not been
independently verified by the Company.
The detailed investigations by the Company continue.
Bryanston
29 March 2018
Sponsor
J.P. Morgan Equities South Africa Proprietary Limited
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