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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48     A further aggravating factor is that not only was the child fouryears old at the time of theincident but a live wire with the copperoutside was next to an ice rink with water substance. GrandWest failed dismallyin their responsibility of due diligence andcare expected from an establishment in their position. 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. 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. Step into the action with classic casino table games, including Blackjack, Roulette, and Poker.

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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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The Court found that the applicants’ appeal to the public impact of gambling taxes on the provincial fiscus did not, in itself, elevate the arguable point of law to one of general public importance. The Court found that the sole issue that arose and which was dispositive of the dispute was whether freeplay is included in the definition of taxable revenue in the Acts. That was not a matter that engaged this Court’s constitutional jurisdiction. The Court found that it was not plausible to suppose that proper consideration of constitutional factors could lead to a different outcome on whether or not freeplay is included in the definition of AGR in the Acts.

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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).

At no specific time doesshe state that it was the dutyof the contractor to ensure that allwires were safely secured or that the contractor had to make surethat the area where theChristmas tree and lights were mounted weresafe for the public or children after it had been removed. Byher own evidencethe tree was removed the day before the incident,and it can only be attributed to the negligence of the Defendant’selectricaldepartment not performing their duty that the exposed livewas there that caused the electrocution to the Plaintiff’schild. 24     At the time of the incident, he was employed as the Safety and Healthmanager at Sunwest Internationalwho operated as Grand West.

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• He noted that the neutralwire with blackinsulation remained secured within its electricalconnector block, whereas the live wire with red insulation was not.
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• Furthermore, that as aresult of the engineering department’sfailure to remove the electricity supply, constituted ordinarynegligence.
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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. 3 The minor’s injuries referred to in paragraph 12 of theparticulars of claimhave been admitted by the Defendant. The partiesfurther agreed that the question of causation and the sequalae of theinjuries,along with the issue of disclaimer of indemnity notices,will stand over until the court has decided the degree of negligence.An order to this effect was made by the court. The defendant is liableto pay the plaintiff’s damages to be proven or agreed uponarising from the injuries sustained byhis minor child on 8 January2020 on the Defendants premises. The defendant is liable for theplaintiff’s cost of the actionon a party and party scale C,including cost of counsel. This two-night comedy spectacular from 5 & 6 September promises an unforgettable evening of top-tier comedy and meaningful impact.

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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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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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• 24     At the time of the incident, he was employed as the Safety and Healthmanager at Sunwest Internationalwho operated as Grand West.
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• The second respondents were the members of the provincial executive responsible for finance – for the Western Cape, the Minister of Finance, and for the Eastern Cape, the Member of the Executive Council for Finance.
• 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.
• 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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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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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.