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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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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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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.
However, bythe time he reached the scene, the Christmas tree,the lights and thecable were already removed by the contractor. He was unaware ofthe methods the contractor used to removethe Christmas tree andlights. 16 She stated that she has been employed by Grand West since 2020,serving as the manager of theengineering, electrical, and operationsdepartment. An independent contractor (“contractor”) wasengaged by Grand Westto set up its Christmas tree, mount the lightsand to remove and dismantle the tree afterwards. Grand West’selectrical departmentwere responsible for connecting anddisconnecting the Christmas tree lights to the electrical supply ofthe Defendant.
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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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- 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.
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- 11 He testified that he was the Plaintiff in this matter and thebiological father of the minorchild who was electrocuted.
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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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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.