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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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Their success is largely due to its state of the art mobile platform and their massive game selection which number over 900 bright and shiny casino games, it is increasingly popular among Filipino players. 23     During cross-examination, he testified that he could not recall thedate when the incident occurredas it happened a long time ago. Hefurther could not confirm when the Christmas tree had been removed bythe contractor. He can also not say why the red wire wasprotruding from the connector block.

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• He then pulled his childtowards him, who was screaming and at the same time showing him herhand.
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• His minor child was standing next to himat the kiddiesice-skating rink, holding on to a steel/metal pole,when his child suddenly cried out loud.
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He confirmed that the redwire was liveand lying there for several hours and that Ms Maritzinformed him that the electrical and maintenance department had tohave securedthe area after the Christmas tree had been removed. 11     He testified that he was the Plaintiff in this matter and thebiological father of the minorchild who was electrocuted. Onthe day in question during the middle of the day during the festiveperiod the food courtat Grand West was bustling with foot trafficand lively children. His minor child was standing next to himat the kiddiesice-skating rink, holding on to a steel/metal pole,when his child suddenly cried out loud. He then pulled his childtowards him, who was screaming and at the same time showing him herhand. He took a moment to survey the surroundings and noticedan exposed electrical wire lying on the floor.

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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• 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.
• 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.
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• 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.
• 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.

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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.

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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. 19     At the time of the incident, he was employed by Fidelity Security asan investigator, contractedto Grand West. He was stationed atthe outer building on the Grand West premises, when the control roomnotified him aboutthe child that had been electrocuted. Uponarriving at the scene, he observed the Plaintiff cradling the weepingchild inhis arms.

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• He only spoke to Mr Cooksonthe day after the incident and their conversation was about when thewire would beremoved.
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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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• 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 further submitted that theDefendant engaged an independent contractor, to mount the lightsonthe Christmas tree.
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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.
• 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.

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