She however could not verify or confirm whether theelectrical and maintenancedepartment followed up on her WhatsAppinstruction to secure the electrical cables and ensure that thevicinity where the Christmaslights were mounted to the tree was safefor the public. 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. Whether this was done, or what could have causedthe live red wirelying exposed, or whether, this wire was placedinside the connector block as the Defendant wants this court tobelieve. 33 He further speculated that the contractor exhibited gross negligenceby creating and ignoringa clearly hazardous situation, havingdetached the external electricity cable from the Christmas lightscable in an excessivelyforceful manner and subsequently leaving thecable unattended. Furthermore, that there is no evidence thatthe Defendantwas grossly negligent by failing to appreciate thepossibility of such gross negligence on the part of the contractor.
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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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- However, bythe time he reached the scene, the Christmas tree,the lights and thecable were already removed by the contractor.
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Within the connector block was ablackinsulated wire, and a red live wire which was not insulated wasprotruding, outside of the connector block. According to himheknows what a connector block is and has seen one before. Hisevidence was further that the purpose of the white cablewas to feedelectricity to the lights on the Christmas tree.
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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.
- However, bythe time he reached the scene, the Christmas tree,the lights and thecable were already removed by the contractor.
- The Court found that the pleadings fell short of demonstrating the public importance that the point of law triggered.
- 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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- The conduct of theelectrical and maintenance department and even Maritz, in failing tofollow up whether the electricity supply had been securedwas of an extreme nature when compared to ordinary negligence.
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- It wasnever pleaded by Defendantthat they would lead evidence on aconnector block.
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- This was so, said the applicants, because the manner in which the SCA and ECHC had interpreted the Acts failed to promote the right to equality and the right not to be arbitrarily deprived of property.
- 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.
- 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.
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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.
- 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.
- She concededthat had the electrical wire been removed by theelectrical department the injury to the minor child would not haveoccurred.
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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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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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