Seven years after the deadliest listeriosis outbreak in recorded South African history, Tiger Brands has presented a conditional settlement offer to select victims of the 2017/18 crisis—marking a pivotal shift in the company’s response to the class action lawsuit it has long contested.
The offer, confirmed in a joint statement released by the food giant and its lead reinsurer’s attorneys, relates to the class action arising from contaminated polony produced at Tiger Brands’ now-defunct Enterprise Foods facility in Polokwane, Limpopo.
“The settlement offer, which was made on 25 April 2025, includes an undertaking to pay the claimants’ proven or agreed compensatory damages in terms of section 61 of the Consumer Protection Act 68 of 2008,” Tiger Brands stated.
Critically, the offer—crafted and authorised by QBE Insurance Group Limited, Tiger Brands’ lead reinsurer—has been made “without admission of liability” and applies only to a narrowly defined group of affected individuals.
Who qualifies for the settlement?
According to Tiger Brands, the settlement is aimed at:
- Individuals who contracted listeriosis caused by the ST6 strain of Listeria monocytogenes;
- Individuals whose mothers contracted the disease during pregnancy;
- Families who lost a legal breadwinner to the ST6 strain; and
- Caregivers of dependents who fell ill from the outbreak.
In February 2025, Tiger Brands had already initiated interim advance payments to victims with urgent medical needs—an action the company now says laid the groundwork for this broader offer.
“Today’s announcement represents an important milestone and follows shortly on measures already taken… 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 CEO Tjaart Kruger.
Next steps in the legal process
The plaintiffs’ attorneys—Richard Spoor Inc. Attorneys and LHL Attorneys—are expected to present the offer to qualifying claimants over the coming weeks. Damages for those who accept the offer will then be assessed individually.
Tiger Brands made clear that this process remains part of the first stage of the class action, in which the court is yet to determine liability. Only once that happens will the matter proceed to the second stage—assessing causation and compensation more broadly.
The company insists it is adequately insured to handle the financial implications of a broader settlement should the court eventually find it liable.
The science that traced the source
In September 2024, the plaintiffs’ legal team obtained what they described as “breakthrough evidence” from the National Health Laboratory Service (NHLS). These documents confirmed that the ST6 strain responsible for the outbreak was uniquely linked to Tiger Brands’ Enterprise Foods facility in Polokwane.
DNA sequence data for 403 ST6 isolates—collected from patients, food, and the factory environment—showed a high degree of genetic similarity, reinforcing the argument that the outbreak had a single source.
“Tiger Brands’ decision to settle claims is based on the incredible investigative work of the National Institute for Communicable Diseases… These findings have since been confirmed by world-renowned epidemiologists, including Tiger Brands’ own experts,” the class action attorneys said.
Meanwhile, in an official statement sent to NOWinSA Monday morning, Tiger Brands acknowledged the settlement offer as “a significant step towards resolution” and confirmed it was working with its insurers to ensure timely execution
Meanwhile, in an official statement sent to NOWinSA Monday morning, Tiger Brands acknowledged the settlement offer.
The settlement offer, which was made on April 25, 2025, includes an undertaking by the company to pay the claimants’ proven or agreed compensatory damages in terms of section 61 of the Consumer Protection Act 68 of 2008, stating:
“The lead reinsurer, having primary conduct of the defence of the class action against Tiger Brands, has with Tiger Brands’ support and agreement authorised the insurers’ attorneys to make settlement offers to specific named persons who are members of the following classes of claimants who suffered damage as a result of listeriosis caused by genotype L1-SL6-ST6-CT4148 of Listeria monocytogenes (ST6).”
Despite its firm stance that the offer is not an admission of liability, the move was widely hailed as a long-overdue gesture toward justice.
Reaction from legal experts
The listeriosis class attorneys described Tiger Brands’ commended the National Institute of Communicable Diseases (NICD), under the direction of Health Minister Aaron Motsoaledi, for the commendable investigative work done to ensure justice is served .
“Their scientific investigation, which conclusively traced the outbreak to Tiger Brands’ Polokwane facility, has been internationally peer-reviewed and praised. These findings have since been confirmed by world-renowned epidemiologists, including Tiger Brands’ own experts.”
The plaintiffs’ legal team said the proposed resolution still requires final approval from the High Court, which will assess its fairness and adequacy for class members.
“Before any settlement can be finalised, it must be presented to the High Court, which will determine its fairness as the ultimate guardian of class member interests… We remain confident that Tiger Brands’ renewed and demonstrable commitment to the victims will ultimately lead to a comprehensive resolution of all claims,” the attorneys said.
They also highlighted an ongoing challenge: locating all victims of the outbreak. Many have not yet been identified or contacted, and efforts are underway—led in part by the Department of Health—to trace and verify additional claimants.
“The Minister of Health has requested a full update and has shown his commitment to assisting by providing Department of Health records to help confirm and trace victims,” they added.
A turning point—but is it the end of the road?
While the conditional settlement is not yet comprehensive and applies only to select claimants, it signals a long-awaited shift in the ongoing class action and a gesture of goodwill to those most deeply affected. With court rulings on liability still pending, many await further clarity on whether full justice will be served.
Stories Shaping South Africa Today
