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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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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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• 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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• The applicants in both matters were subsidiaries of Sun International (South Africa) Limited (Sun International) which owns casinos across the country.
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It is importantto note that the court https://first-bet.net/ alreadyruled on the admissibility of theconnector block and how, if used as evidence, should be led. It wasnever pleaded by Defendantthat they would lead evidence on aconnector block. The evidence by the Defendant’s witnesses withregard to this connectorblock was thus mere speculation andhypothetical suggestions.

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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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• 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.
• The Christmaslights were the property of Grand West and was mounted and removedfrom the Christmastree by the contractor.
• And in the second matter, the applicants were casino operators in the Eastern Cape (the EC applicants).
• 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.
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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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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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• 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 itwasthe duty of the Defendant’s electrical department to securethe area and ensure it safe, but failed to do so.
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There are plenty of other great games that we’re sure you’ll find many to your gaming taste. The Table can accommodate up to eight players and the game is run by a dealer who is responsible for all aspects of the game. We are proud to launch the one of the world’s very first Roulette Xtra games on a Blaze table, a visual feast that takes the game of roulette to the next level. 40     It is clear from the evidence of the Defendant’s witnesses,Maritz, Petersen, and Cook,that the electrical and maintenance teamof the Defendant failed in their duty to ensure that the area nearthe ice-skating rinkhad been secured after the tree was removed. 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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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.

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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.

• 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.
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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.
• 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.
• That was not a matter that engaged this Court’s constitutional jurisdiction.
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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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