Bid for summons via newspaper

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File photo

Published Jul 24, 2015

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Durban - A doctor once employed by the KwaZulu-Natal Department of Health has apparently gone underground in an attempt to duck legal action to recover almost R300 000 which he was mistakenly paid.

Attempts to trace Clifford Moodley had come to nought, Durban High Court Judge Fikile Mokgohloa was told on Thursday in an unusual application for permission to “serve” summons on him through publication in a local newspaper.

In his affidavit before the court, Stanger Hospital human resources manager Seelan Govender said Moodley worked at the hospital from April 2001 to March 2012.

However, after his resignation and from April to August that year, he continued to receive his salary - a total of R292 508 - a fact which was picked up only after an audit.

Govender said he made contact with Moodley in September and “he informed me that he is willing to repay the amount”. But then Moodley seemed to “disappear”.

“I managed to contact his father, who said he did not know where he was and he had no forwarding address for him,” Govender said.

The Health Department has instituted legal proceedings against Moodley for the money, with interest. But service of the summons has been impossible.

“Over the past few years, we have tried to get information. His father is most unwilling to assist. Although he communicated his intention to repay the money, it is clear he has no intention of doing so. The cell number he previously used does not exist,” Govender said.

Records at the Health Professions Council reflect Moodley’s last employer as the hospital in Stanger, indicating he is either no longer in the country or is not working in the medical profession.

Meanwhile, Govender said, the matter had become urgent because the claim would prescribe later this year. Govender said during the time he interacted with Moodley, he noticed he was an avid reader of Post newspaper, “and I verily believe that publication of the summons there will be the most effective method of service on him”.

The Post is published by Independent Media.

The judge suggested that the department “

serve on the father … that way, you may get to know where he (Moodley) is”.

But advocate Ryan Naidu said the father was not the debtor and he had until now refused to co-operate.

The judge gave the department permission to file a further affidavit detailing its tracing attempt.

The matter is likely to be back in court next week.

The Mercury

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