Court orders NICD and NHLS to hand over listeriosis records as class action heads to trial

The High Court has ordered the National Institute for Communicable Diseases (NICD) and the National Health Laboratory Service (NHLS) to release personal and medical information connected to the 2017 listeriosis outbreak as attorneys for the claimants press ahead with plans for trial.

Order comes after legal bid by claimants

According to The Citizen, attorneys for the class action lodged a high court application in November 2025 after saying the NICD had not provided required personal and medical information. The court granted an order in the claimants’ favour on 17 April, the notice said.

In a notice to the class action claimants sent by Richard Spoor Inc and LHL Attorneys, seen by The Citizen, the legal professionals outlined the status of the case. The notice dated 30 April said the NICD and NHLS must provide all relevant information they gathered in investigating the source of the outbreak.

“This means that the NICD and NHLS now must provide us with all relevant information that they gathered in investigating the source of the listeriosis outbreak, which they found to have originated from Tiger Brands’ Polokwane factory,” the notice dated 30 April says.

Why the records matter

The attorneys said the information is needed to prove the origins and outbreak period, which they say is necessary to establish full liability as they prepare to take the matter to trial.

The April notice from the attorneys confirmed that no settlement had been reached and reiterated their commitment to proceeding to trial. The notice said the legal team was engaging with Tiger Brands in efforts to reach a fair and inclusive settlement for class members and that settlement discussions remained ongoing.

“We are also engaging with Tiger Brands in an effort to reach a fair and inclusive settlement for class members. Settlement discussions remain ongoing, and we will update class members when there are material developments,” the notice says.

Background of the class action

According to The Citizen, the class action was certified by the courts in December 2018 after a strain of listeria killed 218 people and affected at least 820 others who consumed contaminated processed food in 2017. The NICD tracked the strain to Tiger Brands’ facilities in Polokwane and Germiston, the coverage says.

A claimant’s account

The Citizen reported that one of the claimants, United Kingdom-based Glen Strutt, described his motivation for joining the action as driven by a principle of accountability rather than personal gain. The coverage recounts Strutt’s description of his mother’s illness and subsequent death following exposure to contaminated products.

“My original desire to be one of the principles to the class action was based on a need to find some gateway for those not as fortunate to find some or other way to get restitution,” Strutt told The Citizen.

“The fallout is much larger in impact for those who are totally dependent on the payment settlement to be able to care for their directly affected family members. It is the larger principle of accountability for me, not the financial restitution for my mom,” Strutt told The Citizen.

Next steps

With the court order in place, the claimants’ attorneys will receive information from the NICD and NHLS that they say is necessary to establish the outbreak’s origins and timeline ahead of trial preparations. The notice said the attorneys remain ready to proceed to trial and will inform class members of any material developments in settlement discussions.