Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
September 11, 2009

The proposed constitution / Correction of Errors

The debate among the parliamentarians in the House of Assembly is completed, the vote has been taken, a two-thirds majority was obtained. The bill is passed. It is now the turn of the electorate to vote yes or no in the referendum. The next hurdle is crucial. I had promised to bring you more on the Constitution, but since it has undergone some changes, I will continue to examine it when the amended version is available. We will instead look at the correction of errors.{{more}}

Correction of errors, an unnecessary cost

It continues to be a burden on persons whose marriage, birth or death certificates have errors not of their own making. It is incumbent on persons who record information to take the utmost care that the record is correct.

The legislators anticipated errors and so Section 43 of the Registration of Births and Deaths Act, Chapter 179 and Section 55 of the Marriage Act, Chapter 173 of the Laws of Saint Vincent and the Grenadines provide for the correction of errors on the registers.

(1) Subsection 2 of the Marriage Act allows for the “correction of any clerical error which may from time to time be discovered…. by the Registrar General or any person authorized subject to regulation passed under this Act.”

(2) Subsection (3) allows for the correction of “an error of fact or substance” by the Registrar General “upon the production to him by either parties to the marriage, or in case of his or her death, by the issue or other lawful representative of such party of a statutory declaration setting forth the nature of the error and the true facts of the case.

Clerical error

Regardless of how the error occurs, the correction process could be tedious and inconvenient to the applicant. The issue is how one distinguishes between a clerical error and an error of fact or substance. All words that are spelt incorrectly on the records should be treated as clerical errors and I say this because no one would spell their own name or their parents name incorrectly and since a clerk writes or types the information, then it could be assumed that the error is a clerical error. I would not expect anyone to spell his or her father’s name “Gerrod” when it is “Jacob”. Hence the clerical error should only require proof of correct spelling from other documents and not treated as error of fact or substance.

Error of fact or substance/
Statutory declaration

The law requires a statutory declaration to be made only when there is an error of fact or substance. The statutory declaration had been traditionally drafted by a lawyer. Fortunately, persons are spared this expense as the Ministry of Legal Affairs has now undertaken to prepare the declaration without cost to the applicant. However, the fees associated with the filing of the document still remain. To make a case for your claim, you might have to attach exhibits of birth, marriage, baptism or vaccination certificates as the case might be. So if you have to prove your case with three other certificates, you would have to spend at least forty-five dollars to do, so plus the government fees. To prevent the expenditure on exhibits, perhaps a cross check could be made for the information in the registers.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Pharmacist in Calder shooting granted $30,000 bail
    Front Page
    Pharmacist in Calder shooting granted $30,000 bail
    Webmaster 
    October 17, 2025
    A Pharmacist, charged with attempted murder, has been granted bail in the sum of $30,000. Esworth Lewis, who is alleged to have shot a man about his b...
    Bigger things in store  for former SVG Consul General to Toronto – PM
    Front Page
    Bigger things in store for former SVG Consul General to Toronto – PM
    Webmaster 
    October 17, 2025
    A higher posting will be offered to former SVG Consul General to Toronto, Fitz Huggins, who recently demitted office. Huggins concluded his ambassador...
    Venezuelans  remain resillent, determined  despite massive sanctions by US
    Front Page
    Venezuelans remain resillent, determined despite massive sanctions by US
    Webmaster 
    October 17, 2025
    Over $20 billion in Venezuelan assets abroad remain frozen, while the country has suffered a 99% loss of foreign income since February, 2014. But desp...
    PM not ready to ‘ring the bell’ at ULP Layou rally
    Front Page
    PM not ready to ‘ring the bell’ at ULP Layou rally
    Webmaster 
    October 17, 2025
    While many may have felt the date for the general elections in St. Vincent and the Grenadines would have been announced at the Unity Labour Party’s ‘W...
    Schools get in on World Food Day celebrations
    Front Page
    Schools get in on World Food Day celebrations
    Webmaster 
    October 17, 2025
    World Food Day, celebrated annually across the globe on October, 16, to commemorate the date of the founding of the United Nations (UN) Food and Agric...
    Mitres makes history as inaugural Semi-Pro Netball Champions
    Sports
    Mitres makes history as inaugural Semi-Pro Netball Champions
    Webmaster 
    October 17, 2025
    Mitres Netball Team wrote their name into local netball history, when they captured the inaugural Semi-Professional Netball League title on Wednesday ...
    News
    More than 1000 families have received appliances says PM
    News
    More than 1000 families have received appliances says PM
    Webmaster 
    October 17, 2025
    The government’s allocation of $1.5 million in the 2025 budget to provide essential household appliances, including refrigerators, stoves, and washing...
    Urban transformation to follow Kingstown Port opening
    News
    Urban transformation to follow Kingstown Port opening
    Webmaster 
    October 17, 2025
    Minister with responsibility for urban development, airports and seaports, Senator Bernarva Browne, is looking forwards to the start of much bigger th...
    New York Times claims cocaine washed up in Grenadines
    News
    New York Times claims cocaine washed up in Grenadines
    Webmaster 
    October 17, 2025
    On October 14, 2025, The New York Times, in an article headlined “Drug Smugglers Change Supply Routes to Evade U.S. Warships”, showed a photograph of ...
    This election is a galaxy of stars, says Gonsalves
    News
    This election is a galaxy of stars, says Gonsalves
    Webmaster 
    October 17, 2025
    The upcoming general elections in St Vincent and the Grenadines will be about the ability of the political candidates to shine. That is the conclusion...
    Vote without fear – Senator John
    News
    Vote without fear – Senator John
    Webmaster 
    October 17, 2025
    Electors waiting to vote in the next general elections are being asked to do so without fear as the ballot is secret and no one can know who you voted...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok