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The winning Roulette Xtra number and combinations are determined by the result of where the ball lands on the Roulette wheel. 32 He conceded that the evidence by Faizel Petersen and Titus Cooksonalong with the photographenlargements of photographs 2 and 3 oftrial bundle “A”, established that at the time of theincident the externalsource electricity cable was positioned nearthe kiddie’s ice-skating rink. 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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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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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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- 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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- 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.
- Furthermore, he noticed the disclaimer notices on theDefendant’s premisesbut failed to read them.
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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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- 39 The minor child accompanied by her parents, visited an establishmentthat caters for public entertainment,Grand West, which belongs tothe Defendant.
- 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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However,even if the Defendant were to appreciate the failureit would not constitute gross negligence on the Defendant’spart, unlessit can be proven firstbet sign up bonus 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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- The applicants submitted that this matter engaged both this Court’s constitutional and general jurisdiction.
- 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.
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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.
