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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….

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• 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.
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• 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.
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• 30     Adv Tyler submitted that the doctrine of res ipsa loquitorallows for an inference to be drawn from specific facts based oncommon sense.
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• 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.
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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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This question is not concerned with the merits of the interpretation contended for but with the subject-matter of the claim. In this Court, the WC applicants sought leave to appeal against the order of the Supreme Court of Appeal (SCA), which had upheld an appeal against an order of the High Court of South Africa, Western Cape Division, Cape Town (WCHC). The WCHC found in favour of the WC applicants and held that, on a proper interpretation of the provisions, freeplay was not included in the drop. Consequently, it did not form part of the AGR and thus was not part of taxable revenue. The SCA upheld the Western Cape Gambling and Racing Board’s appeal and held that on a proper interpretation of the provisions, freeplay was included in the AGR for purposes of calculating gambling taxes. This was because the target of the tax was not the income (or revenue) generated by the applicants, but the gambling activity itself.

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• Hefurther conceded that he never inspected the area where the wireswere prior, or after the incident had occurred.
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• 39     The minor child accompanied by her parents, visited an establishmentthat caters for public entertainment,Grand West, which belongs tothe Defendant.
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• Further,thateven Maritz testified that the simplest way to have disconnected theelectricity would have been to switch off the plug bya qualifiedelectrician of the Defendant.

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Because of the above, this matter did not engage the Court’s constitutional or general jurisdiction and leave to appeal was thus refused. The Court found that the pleadings fell short of demonstrating the public importance that the point of law triggered. As the matter failed to meet this threshold requirement, the matter did not engage the Court’s general jurisdiction.

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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 soccer shop login 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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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. To incentivise gambling play, the applicants offered members of their loyalty programmes, their “Most Valued Guests”, non-cashable and non-transferable credits, called “freeplay” credits, which took the form of a right to use the applicants’ slot machines without these players having to pay. A dispute between the Boards and the applicants about whether freeplay should be included in taxable revenue arose.

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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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Hefurther conceded that he never inspected the area where the wireswere prior, or after the incident had occurred. For discerning players, Graceland Casino offers an exclusive VIP Lounge with private gaming tables, high-limit slots, and premium service. Enjoy personalized attention and a luxurious gaming experience in our elite lounge.

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• Uponarriving at the scene, he observed the Plaintiff cradling the weepingchild inhis arms.
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• Similarly, that the exposed livewire would pose a danger to members of the public who mighthold ontothe metal railing at the kiddie’s ice-skating rink.
• 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 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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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.

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.