Ex P Songwar & Ano. (XP 28/2018) [2018] SCSC 8114 (15 March 2018)

r-- . IN THE SUPREME COURT OF SEYCHELLES Civil Side: XP 28/2018 f20181 sese J-G + In the matter of EX PARTE: 1. ANARITA AGNES TACIANA SONGW AR 2. DEAN DAREL FEDERICO NICETTE 15t Applicant 2nd Applicant Counsel: Mrs. A. Amesbury for Applicants Delivered: 16th March, 201 8 ORDER Carolus J [1] This is an Application to register the birth of a chjld out of time made under section 31 of the Civil Status Act, Cap 34 (hereinafter referred to as the Act). The Application is made by Anarita Agnes Taciana Songwar (the JSt Applicant) and Dean Darel Federico Nicette (the 2nd Applicant), the mother and father of the child whose birth is sought to be registered, and is supported by an Affidavit sworn by the Applicants and relevant documents attached thereto. [2] The following averments are made in the Application: "I. The Applicants are the parents of a minor child Deanarah, Ezekiel, Naila Nicette born at Victoria hospital, Mahe, Seychelles on 23rd December, 2017, at 5.18 p.m. 2. The Applicants did not know that they had 30 days to register the birth of the child; the 1st Applicant mistakenly believed that she had 90 days to register the birth of the child. As a result of this, the time for registration of the child's birth lapsed. 3. 4. The second Appl icant was at sea as he is a fisherman. The Applicants aver that it is in the interest of justice that the Chief Officer of the Civil Status be ordered to register the birth of the child Deanarah, Ezekiel, Naila Nicette and to issue a birth certificate for the child." [3] In terms of the Application, the Applicants are now seeking an Order of this Court directing the Chief Officer of the Civil Status to register the birth of the child and to issue a Birth Certificate for the child. [4] The following is averred in the Affidavit sworn by the Applicants in support of the Application: that the l" Applicant gave birth to a female child at Victoria Hospital, Mahe, Seychelles on 23rd December, 2017, at 5.18 p.m; that the second Applicant is the father of the child and he was at sea as he is a fisherman; that the Applicants have named their child Deanarah, Ezekiel, Naila Nicette and are desirous of having her birth registered in the Register of Births held at the Civil Status; that it is in the interest of their daughter and in the interest of justice that the Chief Officer of the Civil Status be ordered to register the birth of Deanarah, Ezekiel, Naila Nicette and to issue a birth certificate for her. [5] A Postnatal Discharge Summary issued by the Health Services Authority - Seychelles was produced in support of the Application, showing that the jSt Applicant delivered a female child on 23rd December, 2017, at 5.18 p.m. [6] Section 31 of the Act provides as follows: "31. (1) The declaration of the birth of any ch iId shall be made at any time within the thirty days/allowing the day a/its birtn before the officer of the district where the child is born. It shall not be necessary to present the child when its birth is declared, and all acts of birth drawn up before the passing of this Act are hereby declared to be valid whether the child has been presented to the officer of the civi I status or not. (2) If the birth has not been declared within the aforesaid period, the birth shall not be registered, except upon an order of a judge and on payment of a fine not exceeding one hundred rupees unless the lateness of the declaration be accounted for to the satisfaction of the judge. The judge shall be entitled to require such evidence as he may deem necessary to satisfy himself touching the exact date of the birth of the person whose birth is sought to be registered. (3) If the birth to be registered be that of a person more than three months old, no such order shall be given by the judge, except on payment of a fine not exceeding five hundred rupees: Provided that it shall be lawful for the President to remit or reduce such fine upon sufficient cause being shown." Italics are mine. [7] The child whose birth is sought to be registered was born on 23rd December, 2017, and the time for registration of the birth expired on 23rd January, 2018. The Application was filed at the Registry of the Supreme Court on the 9th February, 2018, a little over two weeks after the expiry of the time prescribed for registration of the birth of a child and when the child was about one and a half months old. [8] The reasons put forth by the Applicants for not registering the birth of their child within the prescribed time limit are that the l " Applicant mistakenly believed that she had 90 days to register the birth of the child. [9] I am not satisfied that this is sufficient justification for the delay in registering the birth of the child. Having given birth to a child, it was the Applicant's responsibility to ascertain the time within which she was required by law to register the child's birth and ensure that registration of the birth was effected within that time. [10] In terms of section 31 (2) of the Act, the Applicants are therefore liable to pay a fine not exceeding one hundred rupees. [11] I am satisfied on the affidavit evidence of the 2nd Applicant that he is the father of the child whose birth is sought to be registered, and that he consents to the mention of his name in the Act of Birth of the child as the father of the child, and that he consents to the child bearing his surname namely Nicette. [12] Accordingly I make the following Orders: (i) The Applicants shall pay a fine of One Hundred Rupees in the Registry of the Supreme Court for the late registration of the birth of the child in excess 000 days from the date of the said birth in accordance with section 31(2) of the Act. (ii) Upon payment of the said fine, the Chief Officer of the Civil Status shall register the birth of the child born on 23rd December, 2017, at the Seychelles Hospital to the Applicant, Anarita Agnes Taciana Songwar. (iii)The child shall bear the names Deanarah, Ezekiel, Naila and bear the surname Nicette. (iv)The name of Anarita Agnes Taciana Songwar shall be mentioned in the Act of Birth of the child as the mother of the child. (v) The name of Dean Darel Federico Nicette. shall be mentioned in the Act of Birth of the child as the father of the child. Signed, dated and delivered at Ile du Port on 16th March, 20 J 8. S2a. A~ t (l\.. S . E. Carolus Judge of the Supreme Court 4