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• If there is, the allegation of the section 39(2) failure raises a constitutional matter.
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• 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.
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• 40     It is clear from the evidence of the Defendant’s witnesses,Maritz, Petersen, and Cook,that the electrical and maintenance teamof the Defendant failed in their duty to ensure that the area nearthe ice-skating rinkhad been secured after the tree was removed.

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• She furtherconceded that the electrical cable was exposed in a busy area wherethere were plenty of foot activityby the public and that theice-skating rink which constituted a water source was near to wherethe electrical cable was lying.
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• The Defendantthrough the actions of its employees,electrical and maintenance department acted grossly negligent.
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• He took a moment to survey the surroundings and noticedan exposed electrical wire lying on the floor.

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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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• 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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• 18     During cross examination she conceded that electricity poses a greatdanger.
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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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• 21     He never inspected the location where the Christmas tree was placedbefore or after the saidincident.
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• Shewas not able to confirm whether on the dayof the incident, whether the team from the electrical departmentswitched the main plugon or off as she was not there.

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