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She however could not verify or confirm whether theelectrical and maintenancedepartment followed up on her WhatsAppinstruction to secure the electrical cables and ensure that thevicinity where the Christmaslights were mounted to the tree was safefor the public. 41 It is crucial to note that the Defendant failed to call any of theelectrical or maintenanceteam that is on the WhatsApp group to comeand testify. Whether this was done, or what could have causedthe live red wirelying exposed, or whether, this wire was placedinside the connector block as the Defendant wants this court tobelieve. 33 He further speculated that the contractor exhibited gross negligenceby creating and ignoringa clearly hazardous situation, havingdetached the external electricity cable from the Christmas lightscable in an excessivelyforceful manner and subsequently leaving thecable unattended. Furthermore, that there is no evidence thatthe Defendantwas grossly negligent by failing to appreciate thepossibility of such gross negligence on the part of the contractor.
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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.
If an explanation exists for specific facts,thenthe doctrine fails to function. He further submitted that theDefendant engaged an independent contractor, to mount the lightsonthe Christmas tree. He conceded that the contractor did not connectthe cables carrying the Christmas lights to the electricitysupplyinside the Defendant’s premises but that it was theresponsibility of the Defendant’s electrical and maintenancedepartment.
According to her theChristmas tree had been dismantled andremoved a day prior to theincident, and she promptly notified the electrical department throughWhatsApp to disconnect the electricalsupply and make sure the areawas safe. 6 Whereas the Defendant in paragraphs 8 and 9 of their amended plea,admits that ithad acted negligently and relied on certain disclaimernotices situated and/or displayed at the premises, which it pleads,indemnifiesit against liability for any negligent act and/oromission on its part. The Defendant conceded that thesedisclaimers donot absolve them from liability for gross negligence. Picture a true African outdoor setting adjacent to the picturesque lake where a feast can be enjoyed whilst seated around a blazing bonfire under the African sky….
He confirmed that the redwire was liveand lying there for several hours and that Ms Maritzinformed him that the electrical and maintenance department had tohave securedthe area after the Christmas tree had been removed. 11 He testified that he was the Plaintiff in this matter and thebiological father of the minorchild who was electrocuted. Onthe day in question during the middle of the day during the festiveperiod the food courtat Grand West was bustling with foot trafficand lively children. His minor child was standing next to himat the kiddiesice-skating rink, holding on to a steel/metal pole,when his child suddenly cried out loud. He then pulled his childtowards him, who was screaming and at the same time showing him herhand. He took a moment to survey the surroundings and noticedan exposed electrical wire lying on the floor.
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The applicants also said that the matter engaged this Court’s constitutional jurisdiction because the proper interpretation and scope of a taxing provision was a constitutional matter since a provincial legislature’s power to impose tax and levies derives from section 228(1) of the Constitution. The Court found that the matter did not concern the power of a provincial government to collect tax in any sense that triggers constitutional concerns. If there is, the allegation of the section 39(2) failure raises a constitutional matter.
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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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- The applicants were all holders of casino operator licences granted in terms of the respective Acts which regulate gambling and betting taxes paid by casino operators, to the Boards.
- She further testifiedthat the electrical departmentsometimes had to cut the electrical wires depending on the type ofplug or connection to the Christmastree lights.
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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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Within the connector block was ablackinsulated wire, and a red live wire which was not insulated wasprotruding, outside of the connector block. According to himheknows what a connector block is and has seen one before. Hisevidence was further that the purpose of the white cablewas to feedelectricity to the lights on the Christmas tree.
- The Court found that the applicants’ appeal to the public impact of gambling taxes on the provincial fiscus did not, in itself, elevate the arguable point of law to one of general public importance.
- It is importantto note that the court alreadyruled on the admissibility of theconnector block and how, if used as evidence, should be led.
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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.
- 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.
- Within the connector block was ablackinsulated wire, and a red live wire which was not insulated wasprotruding, outside of the connector block.
- Nothing before the Court indicated that this issue was of relevance to other casino operators outside of the Sun International stable.
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- 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.
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