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• 10     In order to determine whether the Defendant was indeed grosslynegligent on the day of the incident,I will firstly proceed with aconsideration of all the relevant circumstances in this matter andbriefly summarize the evidencepresented by all the witnesses.
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• The interpretation issue did not raise a constitutional matter and the Court’s constitutional jurisdiction could not be located there.

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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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 soccer shop 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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• Further, that itis common knowledge that when electricity isexposed to water, it can result in devastating outcomes and certaindeath.
• 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.
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• Regarding constitutional jurisdiction, the applicants contended that this was a constitutional matter because the SCA and ECHC had failed in their section 39(2) duty to interpret the legislation in accordance with the spirit, purport and objects of the Bill of Rights.
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• First, whether the Court had jurisdiction to hear the matter and, if so, whether leave to appeal should be granted.
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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.
• 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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• 11     He testified that he was the Plaintiff in this matter and thebiological father of the minorchild who was electrocuted.

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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• What was more was that nothing before the Court suggested that other Sun International casinos, aside from those before it, would have been affected by a decision of the Court on this issue.
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• 18     During cross examination she conceded that electricity poses a greatdanger.
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• He only spoke to Mr Cooksonthe day after the incident and their conversation was about when thewire would beremoved.

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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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22     During cross-examination, he speculated that it could have been thecontractor who caused thelive wire to protrude from the connectorblock, or that it could have been as result of someone who hadinadvertently stepped onthe wire. He furtherconfirmed that Ms Maritzhad a WhatsApp group with several employees. That she was the person who informed him that Grand West neededto go and securethe area.

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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.

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