And in the second matter, the applicants were casino operators in the Eastern Cape (the EC applicants). In both matters, the first respondents were the Gambling Boards for their respective provinces – the Western Cape Gambling and Racing Board; and the Eastern Cape Gambling Board. 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. Situated in the rolling hills of the KwaZulu-Natal Midlands, Golden Horse Hotel in Pietermaritzburg hotel is a country retreat that offers visitors the opportunity to not only enjoy the many entertainment and gaming facilities.

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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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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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• 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.
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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 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.

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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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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The applicants were all holders of casino operator licences granted in terms of the respective Acts which regulate gambling and betting taxes paid by casino operators, to the Boards. To incentivise gambling play, the applicants offered members of their loyalty programmes, their “Most Valued Guests”, non-cashable and non-transferable credits, called “freeplay” credits, which took the form of a right to use the applicants’ slot machines without these players having to pay. A dispute between the Boards and the applicants about whether freeplay should be included in taxable revenue arose.

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• The Defendantthrough the actions of its employees,electrical and maintenance department acted grossly negligent.
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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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• He furtherconfirmed that Ms Maritzhad a WhatsApp group with several employees.
• In the first matter, the applicants were casino operators in the Western Cape (the WC applicants).
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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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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 soccer shop app download 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.

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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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.

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Indulge in handcrafted pasta, wood-fired pizzas, and decadent dolci, all made with the finest ingredients. Sip on expertly curated wines and classic Italian cocktails while soaking in the vibrant atmosphere that transports you straight to the streets of Rome. 50     I am thus satisfied on a balance of probabilities, that the Plaintiffhas proven that the Defendantwas vicariously grossly negligent inits duty to ensure the safety of the child and the public at large asalleged by the Plaintiffin their amended particulars of claim.

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. Experience the thrill of gaming at Frontier Casino, a premier destination in Bethlehem. Enjoy a wide selection of 152 ultra-modern slot machines in both smoking and non-smoking areas.

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• 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.
• 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.
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