Five years ago, the NICD concluded that Tiger Brands' Polokwane meat processing facility was the source of the biggest listeriosis outbreak in South Africa, yet no progress has been made to compensate victims, writes Father Stan Muyebe.

Five years ago, the former health minister, Dr Aaron Motsoaledi, announced that Tiger Brands' Polokwane meat processing facility was the source of the biggest listeriosis outbreak South Africa had ever seen. Thousands of people were harmed as a result of consuming processed meat produced at a Tiger Brands factory, and over 200 people died. Many are still awaiting justice. 

The fatal infection, which is harmful to mostly vulnerable people, including children, the elderly and pregnant women, first broke out around the end of 2016. It was declared an outbreak in January 2017, and in early 2018 the National Institute for Communicable Diseases (NICD) and the World Health Organisation confirmed that they found traces of the ST6 genetic variant of listeria in a Tiger Brands' facility in Polokwane. Meat products produced by Tiger Brands were recalled from the shelves.   

Tiger Brands confirmed traces of the ST6 genetic variant of listeria at its Polokwane facility after doing its own lab tests.

In 2018, Richard Spoor Attorneys Incorporated (RSI) and LHL Attorneys Incorporated launched a class action against Tiger Brands to ensure that victims of listeriosis or families of victims of listeriosis are fairly compensated. Tiger Brands said that it would cooperate with the legal processes, as is expected of them as a South African company. Tiger Brands, however, continues to deny that they are legally liable for the harm. 

Thousands infected 

Thousands of people were infected by listeriosis, and many are still suffering from the effects of the deadly disease. As a priest, I have had an opportunity to meet some of the victims of the listeriosis outbreak and experience their pain and suffering. They are not just numbers - they are real people suffering real-life consequences. For example, children who were born with listeriosis have chronic neurological disorders and need ongoing medical care. One of the class representatives in the litigation is Baby T, who contracted the infection while in her mother's womb in 2017. Baby T suffers from a condition that causes swelling around the brain. Baby T's treatment is coming at a great cost to her family.     

While the protracted legal battle seems to make sense from a legal point of view, when seen from an ethical point of view, I find it morally unacceptable that the victims of listeriosis outbreak have been made to wait for five years without relief and conclusion of the class action lawsuit. For the sake of victims, some of whom belong to the poorest of the poor, I, therefore, make an ethical appeal to Tiger Brands and all stakeholders, including NICD, to work together to expedite the case and ensure it is concluded this year.   

To build a society based on respect for human dignity, it is important that ethical corporate citizenship, and not only the narrow legal and financial interests, guide the way companies handle incidents in which hundreds of customers are allegedly harmed by its products. Tiger Brands' own Ethics and Governance Policy states that it will protect and respect human rights and its ability to contribute to positive human rights impacts. This policy calls on Tiger Brand to do its own due diligence to identify risks or identify where potential human rights issues could occur in its own operations. It also requires them to identify what actual or potential human rights issues could be of concern. And, it says that they should also conduct a systematic periodic review of the risk mapping of potential issues.

Negotiated settlement

The policy then states that "Forensics and Internal Audit will be responsible for the investigation of any Human Rights cases reported through the Ethics Line, or directly to the company, or identified through other means such as whistle-blowing or the media".

If this is true to the company's operations and business profile, then society expects that it will act in good faith and help expedite the case so victims of listeriosis and the families who lost their loved ones to listeriosis can get closure. I also make a moral appeal that a consideration be made to a negotiated settlement that ensures fair compensation for the victims. 

In legal circles, justice delayed is justice denied. In ethical circles, in cases where there have been massive injuries and deaths, we consider justice delayed for more than four years to be a moral scandal that should be denounced. Let it, therefore, be said to Tiger Brands and other stakeholders: 2023 should not end without closure and relief for the victims of the listeriosis outbreak.    

Father Stan Muyebe is Director of the Justice and Peace Commission of the Southern African Catholic Bishops’ Conference. He writes in his personal capacity.