Richard Spoor, acting for some of the complainants, previously told TimesLIVE that Tiger Brands could have opposed the class action and lengthened the legal process by years, but chose not to.
Attorneys acting for Tiger Brands and for the complainants have drafted a document on how the class action would go ahead. It is called an order.
Mojapelo said “by and large the order seems to be reasonable”. However, the judge said some paragraphs were “too vague” and open to multiple interpretations.
He explained he did not want the order to later become subject to court battles. “Certification is a not a terrain for contestation.”
It was agreed that the order would be updated by both sides and the judge would certify the order on Monday.
He wanted the order to specify that if the claimants lost, they would not owe the lawyers any money.
“You see my concern has always been those who are not here and cannot speak for themselves,” said Mojapelo.
The lawyers for the people who contracted listeriosis are taking the case “on contingency”, meaning they only get paid if their clients win.
Those represented by the class action will include relatives of the deceased, people who have long-term health damage from contracting listeriosis and healthy survivors.