Vous êtes sur la page 1sur 4
ie IN THE SUPREME COURT OF MAURITIUS, MAURITIUS ) _At the suit instance and request of the Government Medical and Dental TO WIT ) Officers Association electing itslegal domicile at the office of the undersigned Attomey-at-Law situate at Suite 4E, 4th Floor, Hennessy Court, Pope Hennessy Street, Port Louis, WHEREAS 1 Me. Beena R. VENKATASAMY Attorney-at-Law (Avoué) Suite aah cr ENNESSY COUT Pope Hennessy Sec. Lou epeb of euivs Toran 243-288 Pace3) 2103307 ‘The above-named party is a registered association, whose membership consists mainly of Government Medical and Dental Officers and who are primarily in the grade of specialists in various medical fields. ‘The main objects of the above-named party are to inter-alia, regulate the relations between its members and the Government, as well as protect and defend the interests of its members, You, the hereunder named party are an advisor recruited on a contract basis by the Ministry of Health and Wellness. All members of the above-named party are employed in their capacity as medical practitioners in different cadres at the level of the Ministry of Health and Wellness. During the Covid 19 pandemic, whether there is a confinement order in place or not by the Government of Mauritius, the members of the above named party have serupulously respected the sanitary protocols in place namely by wearing their masks at all times, practicing social distancing and wearing PPE, as and when provided by the Ministry of Health and Wellness. The above-named party avers that its members are registered medical practitioners and are not only fully conscious that they need to comply with all sanitary measures to avoid their own contamination but also in the interest of the patients under their care. ‘You, the hereunder named party, have in Le Defi Plus of Saturday 3" April 2021 given an interview where you have made serious gratuitous and unfounded allegations against the members of' the abovenamed party to wit: (@ The hospital staff termed as ‘personnel hospitalier’ is according to your interview negligent and does not comply with the sanitary protocol: “i y a une bonne proportion non négligeable du personnel hospitalier qui persiste d ne pas adopter les conditions sanitaires. Ce sont les choses que je témoigne car je me rends souvent dans les différent hopitaux du pays.” Gi) That You, the hereunder named party have often effected sensitisation campaigns but these are allegedly ‘moyennement suivies’. Gii)That You, the hereunder named party have indicated that the authorities will apply disciplinary measures against the members of the above-named party in the following terms “Nous sommes préts & prendre des sanctions 8. You, the hereunder named party have made serious, false and gratuitous allegations against the ‘personnel hospitalier’ of which the members of the above named party form part. These allegations are defamatory. 9. You, the hereunder named party have given the public at large to understand that the members of the above named party are negligent and that they would be liable to disciplinary measures, which You, the hereunder named party, in your capacity as advisor cannot even contemplate against the members of the above named party in as much as this is within the purview of the Public Service Commission only.Furthermore, the above named party has information that You, the hereunder named party are not even a registered medical practitioner at the level of the Medical Council of Mauritius as at date and as such You, the hereunder named party are not legally entitled as at date to dispense any medical advice or treatment on the Mauritian territory 10. The above-named party avers that You, the hereunder named party's acts and doings have caused prejudice to the members of the above-named party. 11. You, the hereunder named party, are hereby called upon to issue a public apology to the members of the above-named party failing which the above-named party will take all egal measures as it deems fit as well as Trade Union action (Action Syndicale) against those gratuitous allegations. 12, WARNING YOU THAT should YOU, the hereunder named parties, fail to comply with the requirements and exigencies of the present notice and to pay the costs thereof amounting to Rs.23,000/- (subject to taxation) WITHIN 48 hours, the above named party shall take against YOU, the hereunder named partysuch legal steps, as it may be advised including action in damages against officers involved in the decision making process. Under al} legal reservations Dated at P is, eae 2021 Me. Beena RJ} Venkatasamy’ Suite 4E, 4" Floor, Hennessy Court, Pope Hennessy Street, Port Louis Attorney for the above-named party 5" Floor, E. Anquetil Building, Port-Louis. ‘The Mini Mrs Catherine Gaud, Service to be effected at the Ministry of health and wellness, ry of Health and Wellness, service to be effected upon the Permanent secretary, at 5"" Floor, E. Anquetil Building, Port-Louis. IN THE SUPREME COURT OF MAURITIUS RETURN 1756/21 The foregoing Notice was duly served by me, the Undersigned Court Usher upon: 1. Mrs Catherine Gaud by leaving a true and certified copy thereof for her with Miss Namrata Dhunnoo, a Management Support Officer found at her place of work at the registry of the Ministry of Health and Wellness, situate at 5 Floor, Emmanuel Anquetil Building, Port Louis. N . The Ministry of Health and Wellness by leaving a true and certified copy thereof with Miss Namrata Dhunnoo, a Management Support Officer found at her place of work at the registry of the said Ministry, situate at 5" Floor, Emmanuel Anquetil Building, Port Louis. On 9" day of April, 2021 — Rungien, O.P Court Usher Supreme Court U/Fees: R8&800—= Ss