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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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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).
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Hefurther conceded that he never inspected the area where the wireswere prior, or after the incident had occurred. For discerning players, Graceland Casino offers an exclusive VIP Lounge with private gaming tables, high-limit slots, and premium service. Enjoy personalized attention and a luxurious gaming experience in our elite lounge.
- 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.
- The Court found that the applicants’ case boiled down to a contention that the ECHC and the SCA reached an incorrect decision on the interpretation of the Acts.
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- 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.
- She concededthat had the electrical wire been removed by theelectrical department the injury to the minor child would not haveoccurred.
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- Ms Maritz, who was a satisfactory witness,confirmed that the electricaland maintenance department is employedby the Defendant.
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- He noted that the neutralwire with blackinsulation remained secured within its electricalconnector block, whereas the live wire with red insulation was not.
- Furthermore, he noticed the disclaimer notices on theDefendant’s premisesbut failed to read them.
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- It wasnever pleaded by Defendantthat they would lead evidence on aconnector block.
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- 7 In their pre-trial minute dated 5September 2024, the Defendant stated that the incident invoked thedoctrine of res ipsa loquitur,meaning the facts speak for themselves.
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- Thesewitnesses were consistentand confirmed this version during crossexamination.
- The defendant is liable for theplaintiff’s cost of the actionon a party and party scale C,including cost of counsel.
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- 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.
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- The evidence by the Defendant’s witnesses withregard to this connectorblock was thus mere speculation andhypothetical suggestions.
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