The Gauteng High Court in Johannesburg has ordered the release of confidential medical records to lawyers in the long-running listeriosis class action linked to Tiger Brands’ Enterprise Foods facility in Polokwane. The ruling marks a fresh step in a case that has dragged on for years after South Africa’s deadly 2017 outbreak. According to an IOL report, the outbreak claimed about 218 lives, including babies.

Sixteen claimants approached the court to get access to records tied to the case. Their application was brought against the National Health Laboratory Service, the Health Minister and Tiger Brands-related entities. The class action was certified in 2018, but the trial has still not started, IOL reported.

Why the records matter

Judge Stuart Wilson was asked to authorise the release of the information under section 14(2)(b) of the National Health Act. That section allows a court to order the disclosure of confidential medical information on suitable terms and conditions.

The claimants argued that records linked to the National Health Laboratory Service and National Institute for Communicable Diseases investigation are critical. The investigation traced the listeriosis outbreak back to a Tiger Brands food processing centre, according to IOL. Lawyers for the claimants said the material could become evidence at trial and could also help them trace class members who have not yet been identified.

Privacy versus justice

This is an opt-out class action. That means potential class members must be found and informed so they can choose whether to remain part of the case. If they stay in, they may qualify for damages if the action succeeds.

Judge Wilson said the privacy interests of people identifiable from the records were outweighed by the interests of claimants and other class members. He added that disclosure could actually benefit those individuals by helping them make a meaningful choice about opting out. He also stressed that the release of information is limited to what is necessary for the case and for tracing affected people.

Safeguards built into the ruling

The court found that the proposed order included safeguards to protect confidentiality. The records may only be used by legal representatives for purposes linked to the class action, and anyone given access must keep the information confidential. Tiger Brands supported the application, IOL reported.