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• 23     During cross-examination, he testified that he could not recall thedate when the incident occurredas it happened a long time ago.
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• As the matter failed to meet this threshold requirement, the matter did not engage the Court’s general jurisdiction.
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The Court considered its jurisdiction over the decisions of lower courts in interpreting legislation against the backdrop of its function. Stand a chance to claim your share of R540, 000 in Cash, +Play, and Appliances. Located next to the Scottsville Racecourse in the KwaZulu-Natal Midlands, Golden Horse Casino is the perfect place to experience events, entertainment and fun.

However,even if the Defendant were to appreciate the failureit would not constitute gross negligence on the Defendant’spart, unlessit can be proven 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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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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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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• An independent contractor (“contractor”) wasengaged by Grand Westto set up its Christmas tree, mount the lightsand to remove and dismantle the tree afterwards.
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• 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.
• He was stationed atthe outer building on the Grand West premises, when the control roomnotified him aboutthe child that had been electrocuted.

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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• 21     He never inspected the location where the Christmas tree was placedbefore or after the saidincident.
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• 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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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.

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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This question is not concerned with the merits of the interpretation contended for but with the subject-matter of the claim. In this Court, the WC applicants sought leave to appeal against the order of the Supreme Court of Appeal (SCA), which had upheld an appeal against an order of the High Court of South Africa, Western Cape Division, Cape Town (WCHC). The WCHC found in favour of the WC applicants and held that, on a proper interpretation of the provisions, freeplay was not included in the drop. Consequently, it did not form part of the AGR and thus was not part of taxable revenue. The SCA upheld the Western Cape Gambling and Racing Board’s appeal and held that on a proper interpretation of the provisions, freeplay was included in the AGR for purposes of calculating gambling taxes. This was because the target of the tax was not the income (or revenue) generated by the applicants, but the gambling activity itself.