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- He further submitted that theDefendant engaged an independent contractor, to mount the lightsonthe Christmas tree.
- 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.
- 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.
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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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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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- 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.
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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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- Hefurther conceded that he never inspected the area where the wireswere prior, or after the incident had occurred.
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- 21 He never inspected the location where the Christmas tree was placedbefore or after the saidincident.
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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.
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It is importantto note that the court 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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- 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.
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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.
- 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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- However, bythe time he reached the scene, the Christmas tree,the lights and thecable were already removed by the contractor.
- 16 She stated that she has been employed by Grand West since 2020,serving as the manager of theengineering, electrical, and operationsdepartment.
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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.
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- He took a moment to survey the surroundings and noticedan exposed electrical wire lying on the floor.
- 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).
This points to an important aspect of slots play and online casino games for real money, generally. 39 The minor child accompanied by her parents, visited an establishmentthat caters for public entertainment,Grand West, which belongs tothe Defendant. According to the evidence of the Defendant’semployee Ms Maritz, her electricalmaintenance and operationsdepartment was in charge of ensuring that the electrical wireconnections were done in order for theChristmas tree rentalcontractor to be able to mount the lights to the tree. Herevidence indicates that she has a WhatsAppgroup communication withher electrical and maintenance team to ensure that once Christmastree had been removed by the contractor,the area is made safe, plugsare turned off and wiring is secured.
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