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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.

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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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Thelive red wire with its copper core was stripped andcompletely exposed, thus creating a risk of electrocution for someonewho isbare foot. 19     At the time of the incident, he was employed by Fidelity Security asan investigator, contractedto Grand West. He was stationed atthe outer building on the Grand West premises, when the control roomnotified him aboutthe child that had been electrocuted. Uponarriving at the scene, he observed the Plaintiff cradling the weepingchild inhis arms.

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• 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.
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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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• Had theelectrical and maintenancedepartment conducted a thorough inspectionand secured the area after the Christmas tree had been removed, notonly would the livewire have been seen and removed, but the childwould also not have been electrocuted.
• 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.
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• 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.
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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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However,even if the Defendant were to appreciate the failureit would not constitute gross negligence on the Defendant’spart, unlessit can be proven that the Defendant should have doubtedthe competence or efficiency of the contractor. 14     He further testified that he never expected that his child wouldunder normal reasonable circumstancesstep on a live wire at GrandWest, a public venue, as there was no warning or any indication thatthere was work in progress, orthat his child might step on a livewire. Furthermore, he noticed the disclaimer notices on theDefendant’s premisesbut failed to read them. Our award-winning entertainment destination – located in Fourways in northern Johannesburg – boasts international theatre, world-class dining, family fun, class-leading hotels, casino-thrills, shopping, movies and much more.

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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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She furtherconceded that the electrical cable was exposed in a busy area wherethere were plenty of foot activityby the public and that theice-skating rink which constituted a water source was near to wherethe electrical cable was lying. Experience the thrill of gaming at Frontier Casino, a premier destination in Bethlehem. Enjoy a wide selection of 152 ultra-modern slot machines in both smoking and non-smoking areas.

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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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• 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.
• He was stationed atthe outer building on the Grand West premises, when the control roomnotified him aboutthe child that had been electrocuted.

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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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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.

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