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- 40 It is clear from the evidence of the Defendant’s witnesses,Maritz, Petersen, and Cook,that the electrical and maintenance teamof the Defendant failed in their duty to ensure that the area nearthe ice-skating rinkhad been secured after the tree was removed.
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- Ms Maritz, who was a satisfactory witness,confirmed that the electricaland maintenance department is employedby the Defendant.
- Furthermore, he noticed the disclaimer notices on theDefendant’s premisesbut failed to read them.
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However, bythe time he reached the scene, the Christmas tree,the lights and thecable were already removed by the contractor. He was unaware ofthe methods the contractor used to removethe Christmas tree andlights. 16 She stated that she has been employed by Grand West since 2020,serving as the manager of theengineering, electrical, and operationsdepartment. An independent contractor (“contractor”) wasengaged by Grand Westto set up its Christmas tree, mount the lightsand to remove and dismantle the tree afterwards. Grand West’selectrical departmentwere responsible for connecting anddisconnecting the Christmas tree lights to the electrical supply ofthe Defendant.
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At no specific time doesshe state that it was the dutyof the contractor to ensure that allwires were safely secured or that the contractor had to make surethat the area where theChristmas tree and lights were mounted weresafe for the public or children after it had been removed. Byher own evidencethe tree was removed the day before the incident,and it can only be attributed to the negligence of the Defendant’selectricaldepartment not performing their duty that the exposed livewas there that caused the electrocution to the Plaintiff’schild. 24 At the time of the incident, he was employed as the Safety and Healthmanager at Sunwest Internationalwho operated as Grand West.
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Atapproximately 7h30 pm on the day of the incident, he received a callfrom SA Paramedics informinghim that a child had been electrocutedby an electrical cable. He then spoke and instructed FaizelPietersen (“Faizel”)who was the investigator on dutythat day, to proceed to the scene and ensure that the area issecured. When theelectrical cable was shown to him by the maintenance department, henoticed thatthere was a connector block with a black wire within it.There was also a red wire with exposed naked copper wires which werenotwithin the connector block. He conceded that if the cablewere to be plugged it would result in a person being shocked astheexposed red wire was live. According to his opinion the childwas electrocuted as a result of the live red wire beingexposed.
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The relevant taxing provisions in the Acts provide for gambling and betting taxes to be payable on “taxable revenue”, which is defined to mean adjusted gross revenue (“AGR”) less admissible deductions as determined under the Acts. The relevant part of the definition for AGR related to what is termed “the drop”, which is defined in the Acts as “the amount deducted from players’ slot accounts as a result of . The present dispute centred on whether freeplay, when utilised by a player, formed part of the “drop” and consequently AGR, for the purpose of calculating the casino operators’ taxable revenue. The applicants in both matters were subsidiaries of Sun International (South Africa) Limited (Sun International) which owns casinos across the country. In the first matter, the applicants were casino operators in the Western Cape (the WC applicants).
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28 She submitted that the degree of the risk and the gravity of theconsequences suffered by thechild is extreme as conceded by theDefendant’s witnesses, noting that electrocution can lead todeath. Further, that itis common knowledge that when electricity isexposed to water, it can result in devastating outcomes and certaindeath. She submittedthat it is not in dispute that the ice-skatingrink was a water source that was in the near vicinity of the exposedlive wire andthat the live wire was exposed in the food court wherefluids were consumed and could be spilt. Furthermore, that itwasthe duty of the Defendant’s electrical department to securethe area and ensure it safe, but failed to do so.
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This points to an important aspect of slots play and online casino games for real money, generally. 39 The minor child accompanied by her parents, visited an establishmentthat caters for public entertainment,Grand West, which belongs tothe Defendant. According to the evidence of the Defendant’semployee Ms Maritz, her electricalmaintenance and operationsdepartment was in charge of ensuring that the electrical wireconnections were done in order for theChristmas tree rentalcontractor to be able to mount the lights to the tree. Herevidence indicates that she has a WhatsAppgroup communication withher electrical and maintenance team to ensure that once Christmastree had been removed by the contractor,the area is made safe, plugsare turned off and wiring is secured.
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20 According to him the maintenance department of Grand West connectedthe cable and plugged itin near the ice rink. The Christmaslights were the property of Grand West and was mounted and removedfrom the Christmastree by the contractor. 7 In their pre-trial minute dated 5September 2024, the Defendant stated that the incident invoked thedoctrine of res ipsa loquitur,meaning the facts speak for themselves. When all but one child from the same class mysteriously vanish on the same night at exactly the same time, a community is left questioning who or what is behind their disappearance. Come experience the passion and thrill of the game as the Springboks take on the world at the best place to watch the big game, live on the BIG outdoor Piazza screen. You won’t want to miss LUNGS – a powerful production, written by award-winning playwright Duncan Macmillan that brings a love story set in a world on fire to life at the Pieter Toerien Studio Theatre from 12 to 30 November.
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The Court found that the applicants’ case boiled down to a contention that the ECHC and the SCA reached an incorrect decision on the interpretation of the Acts. The interpretation issue did not raise a constitutional matter and the Court’s constitutional jurisdiction could not be located there. In this matter, what was evident from both the SCA and ECHC judgments was that neither had ignored constitutional considerations in their interpretations of the Acts and were alive to the normative framework of the Constitution. The failure of a court to adhere to its section 39(2) obligation risks reversal by this Court; however, the Court held that it cannot be the case that any allegation of a lower court’s failure to interpret legislation in line with the Bill of Rights, without more, raises a constitutional matter.
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Shewas not able to confirm whether on the dayof the incident, whether the team from the electrical departmentswitched the main plugon or off as she was not there. Shefirmly stated that after the contractor removed the Christmas tree,they left the wiresat the ends of the strands of the Christmas treelights for the Defendant’s electrical department to connect. She concededthat had the electrical wire been removed by theelectrical department the injury to the minor child would not haveoccurred. Graceland Casino’s slot machines and tables are strategically distributed across Rockefeller’s Privé, Horseshoe Casino, and the main casino. Goldfields Casino is one of the Free State’s most exciting and inviting entertainment destinations.
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