Zuko Komisa
- The Gauteng High Court has ordered the release of confidential medical records to facilitate the delayed listeriosis class action against Tiger Brands.
- Access to these records allows legal teams to evidence the 2017 outbreak and identify untraced victims to ensure they receive due compensation.
- Judge Wilson ruled that the legal necessity outweighs privacy concerns, provided strict confidentiality undertakings are maintained by all legal representatives
The Gauteng High Court in Johannesburg has directed the release of confidential medical records to legal teams involved in the long-standing listeriosis class action.
This legal battle follows the devastating 2017 outbreak, traced to a Tiger Brands Enterprise Foods facility in Polokwane, which claimed 218 lives.
Despite the class action being certified in 2018, the trial has yet to commence.
In this latest development, 16 claimants sought access to data held by the National Health Laboratory Service (NHLS) and the National Institute for Communicable Diseases (NICD).
Their legal representatives argued that these records are vital not only as evidence but also to identify and contact potential class members who have yet to be reached.
Judge Stuart Wilson ruled in favour of the disclosure under the National Health Act, noting that the public interest and the rights of the victims outweighed individual privacy concerns.
The judge emphasised that the information would assist “opt-out” members in making informed decisions about their involvement and potential compensation.
To protect sensitive data, the court has implemented strict confidentiality safeguards, ensuring the records are used solely for the purposes of the litigation.
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