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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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• 25     During cross-examination, his evidence was briefly that he is unableto specify when the Christmastree had been removed.
• 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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• The applicants submitted that this matter engaged both this Court’s constitutional and general jurisdiction.

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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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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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• Second, whether freeplay was included in the definition of AGR in both Acts, and thus whether the casino operators were liable to pay gambling tax on the use of freeplay credits.
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• 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.
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• Furthermore, that itwasthe duty of the Defendant’s electrical department to securethe area and ensure it safe, but failed to do so.
• Based on the pleadings, the Court found that the interpretation of the Acts and the resultant impact on casino operators or gambling boards was confined to the impact on the parties before it.
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• 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.

22     During cross-examination, he speculated that it could have been thecontractor who caused thelive wire to protrude from the connectorblock, or that it could have been as result of someone who hadinadvertently stepped onthe wire. He furtherconfirmed that Ms Maritzhad a WhatsApp group with several employees. That she was the person who informed him that Grand West neededto go and securethe area.

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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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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.

• 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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• He can also not say why the red wire wasprotruding from the connector block.
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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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Don’t miss out on your opportunity to be the next big winner – secure your tickets and be part of the excitement at Emperors Palace Main Casino. The applicants submitted that this matter engaged both this Court’s constitutional and general jurisdiction. Regarding constitutional jurisdiction, the applicants contended that this was a constitutional matter because the SCA and ECHC had failed in their section 39(2) duty to interpret the legislation in accordance with the spirit, purport and objects of the Bill of Rights. They submitted that the lower courts had preferred an interpretation which rendered the Acts unconstitutional despite there being a reasonable alternative interpretation which avoided that finding. 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. Play Slots or Tables at Golden Horse to earn points and you could win your share of R720, 000 in Cash & +Play is our Saturday Night Jackpots Promotion.

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• Ms Maritz, who was a satisfactory witness,confirmed that the electricaland maintenance department is employedby the Defendant.
• 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.
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• 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.
• They submitted that the lower courts had preferred an interpretation which rendered the Acts unconstitutional despite there being a reasonable alternative interpretation which avoided that finding.
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• Furthermore, he noticed the disclaimer notices on theDefendant’s premisesbut failed to read them.

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This question is not concerned with the merits of the interpretation contended for but with the subject-matter of the claim. 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). The WCHC found in favour of the WC applicants and held that, on a proper interpretation of the provisions, freeplay was not included in the drop. Consequently, it did not form firstbet sign up bonus part of the AGR and thus was not part of taxable revenue. 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. This was because the target of the tax was not the income (or revenue) generated by the applicants, but the gambling activity itself.

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