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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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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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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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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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Making use of the images in Exhibit“A”,especially images 2, 3 and 4, the Plaintiff identified the area whereincident occurred and the exposed electricalwire, his child hadstepped on. With over 300 state-of-the-art slot machines, which operate 24/7, Graceland Casino brings you an electrifying gaming experience. Choose from classic reels, video slots, and progressive jackpots with grand payouts. Johannesburg’s award-winning Montecasino offers visitors a non-smoking and two smoking casinos housing over 1,500 Slot machines and 84 Tables games.

• 11     He testified that he was the Plaintiff in this matter and thebiological father of the minorchild who was electrocuted.
• Further, that itis common knowledge that when electricity isexposed to water, it can result in devastating outcomes and certaindeath.
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• 50     I am thus satisfied on a balance of probabilities, that the Plaintiffhas proven that the Defendantwas vicariously grossly negligent inits duty to ensure the safety of the child and the public at large asalleged by the Plaintiffin their amended particulars of claim.
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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.
• 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.

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• An independent contractor (“contractor”) wasengaged by Grand Westto set up its Christmas tree, mount the lightsand to remove and dismantle the tree afterwards.
• 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.
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• 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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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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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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