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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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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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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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- Hefurther could not confirm when the Christmas tree had been removed bythe contractor.
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- 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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- Hefurther conceded that he never inspected the area where the wireswere prior, or after the incident had occurred.
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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.
- 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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- 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.
- 3 The minor’s injuries referred to in paragraph 12 of theparticulars of claimhave been admitted by the Defendant.
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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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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 relevant taxing provisions in the Acts provide for gambling and betting taxes to be payable on “taxable revenue”, which is defined to mean adjusted gross revenue (“AGR”) less admissible deductions as determined under the Acts. The relevant part of the definition for AGR related to what is termed “the drop”, which is defined in the Acts as “the amount deducted from players’ slot accounts as a result of . The present dispute centred on whether freeplay, when utilised by a player, formed part of the “drop” and consequently AGR, for the purpose of calculating the casino operators’ taxable revenue. The applicants in both matters were subsidiaries of Sun International (South Africa) Limited (Sun International) which owns casinos across the country. In the first matter, the applicants were casino operators in the Western Cape (the WC applicants).