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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• 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.
• Hespeculated that it could either have been removed on the morning orthe day before the incident.
• However, bythe time he reached the scene, the Christmas tree,the lights and thecable were already removed by the contractor.

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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.
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• 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.
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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. 25     During cross-examination, his evidence was briefly that he is unableto specify when the Christmastree had been removed. Hespeculated that it could either have been removed on the morning orthe day before the incident. He was adamant that it was theduty of electrical and maintenance department of Grand West who wereresponsible for removingelectrical cables and ensuring that the areais safe after such removals. 18     During cross examination she conceded that electricity poses a greatdanger. 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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• It is importantto note that the court alreadyruled on the admissibility of theconnector block and how, if used as evidence, should be led.
• 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.
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• 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.
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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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• Thelive red wire with its copper core was stripped andcompletely exposed, thus creating a risk of electrocution for someonewho isbare foot.
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• 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.
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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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• 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.
• GrandWest failed dismallyin their responsibility of due diligence andcare expected from an establishment in their position.
• However, bythe time he reached the scene, the Christmas tree,the lights and thecable were already removed by the contractor.
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• Ms Maritz, who was a satisfactory witness,confirmed that the electricaland maintenance department is employedby the Defendant.
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• It wasnever pleaded by Defendantthat they would lead evidence on aconnector block.

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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.

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.