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Citation
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Judgment date
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| June 2025 |
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Carrier’s strict liability for lost bullion upheld; vis major not proved, reconventional USD claim dismissed.
Carrier liability – Praetor’s Edict (nautis, cauponibus et stabulariis) – strict liability for loss in transit; vis major/casus fortuitus defence – onus and standard for supervening impossibility; negligence and collusion allegations – need for evidence; subrogation/res inter alios actae – requirements; currency of invoices – USD invoicing with ZWL payment alternative
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30 June 2025 |
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Appointment of a trustee and amendment of a trust deed done outside the deed’s procedures and without beneficiaries’ consent are invalid; interdict and punitive costs ordered.
Trust law – Trustee powers and fiduciary duties; Appointment and removal of trustees – interpretation of trust deed (specific v general clauses); Amendment of trust deed – beneficiaries’ consent and trust objects; Letters of wishes – non-binding guidance; Interdict to protect beneficiaries’ interests; Costs — punitive scale for conduct frustrating court orders
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30 June 2025 |
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Stay of execution granted for specified attached farming equipment pending rescission; company existence and dirty‑hands objections dismissed.
Civil procedure – stay of execution pending rescission of default judgment – prospects of success and balance of convenience required; attachment of goods in possession of claimant gives presumption of ownership; proof of company existence by re‑registration certificate; doctrine of dirty hands requires cogent evidence of contempt or misuse of attached goods
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27 June 2025 |
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Revival granted where a consent order provided an ascertainable method to calculate the outstanding judgment debt despite no stated figure.
Civil procedure – Revival of superannuated judgment – Consent order providing method to calculate monetary obligation – Requirement that judgment specify amount satisfied by ascertainable formula – Informal indulgences do not effect lawful variation of court order – Revival granted
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27 June 2025 |
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Owner’s rei vindicatio succeeds where occupier contracted with an unauthorized person; no apparent agency or estoppel, eviction ordered.
Property law – rei vindicatio – owner’s prima facie right; agency – actual and apparent (ostensible) authority; estoppel by representation; constitutional protection from arbitrary eviction (s74) – application in commercial occupation; perpetual land-use agreement; burden of proof in vindicatory actions
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27 June 2025 |
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Applicants granted condonation to bring a rescission under rule 29 after delay, given explanation and prospects of success due to procedural defects in consent order.
Civil procedure — Rescission of judgment by consent — Rule 449 (repealed)/Rule 29 — Condonation for delay required where rescission is not brought promptly — Prospects of success and procedural non-compliance with Rule 54 (consent orders) relevant to rescission applications — Costs in the cause.
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27 June 2025 |
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Plaintiffs proved title but failed to prima facie prove defendants’ trespass; absolution granted for want of evidence.
Property law — Mining claims — Ejectment/trespass — Prima facie proof of occupation — Necessity of survey/expert evidence to locate workings — Absolution from the instance where essential elements unproved — Non-joinder of adjacent claim-holder noted but not fatal
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26 June 2025 |
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Summons struck off for failing to disclose a cause of action after the plaintiff conceded the exception.
Civil procedure — Exception: vagueness and embarrassment — Failure to disclose a cause of action — Admission/concession and withdrawal — Amendment post-strike out — Arbitration clause and illegality raised but not decided — Claim struck off roll with costs
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26 June 2025 |
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Applicant failed to show that post‑1985 statutory changes or alleged non‑disclosure invalidated earlier customary‑law estate administrations.
Succession and estates — law applicable at death — custom versus general law (African Marriages Act s13) — non‑retrospectivity of Administration of Estates Act s68G — intestacy under customary law — evidential burden to impeach prior estate administration
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26 June 2025 |
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26 June 2025 |
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Magistrate's failure to canvass statutory exceptions before departing from mandatory RTA sentence necessitated re-sentencing.
Road Traffic Act (s6(5), s6(6), s88A) — qualified mandatory sentences and lifetime driving prohibitions — burden on accused to prove statutory exceptions or 'special reasons' — duty of trial court to explain mandatory penalty and elicit evidence — procedural fairness in sentencing — High Court review power under s29(2)(b)(iii) to set aside unlawful sentences.
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26 June 2025 |
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Rescission refused: applicant failed to prove error; registered owner’s title upheld; punitive costs awarded.
Civil procedure – rescission under rule 29(1)(a) – consent judgment and eviction – necessity to place facts not before court – proof of occupation – registered title prima facie ownership – rei vindicatio – abuse of process and punitive costs
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25 June 2025 |
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First purchaser’s prior equitable rights prevail; transfer made in contempt of an extant interdict is void and cancellable.
Property law – double sale – first purchaser’s priority (qui prior est tempore potior est jure); provisional interdict (lis pendens) – extant court orders must be obeyed until set aside; bona fide purchaser with notice – no indefeasible title; laches/delay – not a substitute for judicial discharge of injunction; Deeds Registries Act s8 – court-ordered cancellation of registration
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25 June 2025 |
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A council must produce a valid council resolution authorising litigation; blanket or aged authorisations and chairperson’s letters are insufficient.
Civil procedure — Authority to litigate — Requirement for board/council resolution when authority challenged — Blanket/anticipatory resolutions invalid — Statutory bodies not exempt — ss 52 and 149 RDC Act do not confer automatic litigation authority — Chairperson’s letter not a substitute for council resolution
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25 June 2025 |
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Seizure lawful: owner’s indemnity constituted consent and reasonable suspicion justified warrantless seizure under the CPEA.
Criminal Procedure and Evidence Act – seizure of suspected stolen vehicle – reasonable suspicion under s49 – warrantless seizure and consent under s51 – indemnity/caveat subscriptor – s63 removal requires court order
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25 June 2025 |
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20 June 2025 |
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19 June 2025 |
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Applicant awarded custody; respondent ordered to pay maintenance, school fees, and given structured access.
Family law – custody of minor children – best interests of the child paramount – mother awarded custody – access to non-custodial parent – maintenance and school fees – Guardianship of Minors Act; Maintenance Act; s 81(2) Constitution
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19 June 2025 |
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A complainant’s reasonable police report after investigation does not establish malicious prosecution against the respondent.
Delict — Malicious prosecution — Instigation versus reporting to police — Reasonable and probable cause — Malice/animus iniuriandi — Complainant investigations and acquittal not determinative
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19 June 2025 |
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19 June 2025 |
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Refusal of further remand discontinues proceedings and magistrates must determine and order restoration of seized exhibits under ss58/61 CP&EA.
Criminal procedure – Seizure and custody of exhibits – s58 and s61 CP&EA – refusal of further remand = discontinuation – magistrate’s power to determine entitlement/ownership – mandatory restoration absent proof of superior title.
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18 June 2025 |
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Beneficiary cannot compel trustees to produce subsidiaries' company documents; separate corporate personality and pleading requirements preclude mandamus.
Trust law – trustees’ duty to account limited to trust assets; Company law – separate legal personality; Mandamus – requirements of clear right, injury and absence of alternative remedy; Corporate veil – may not be pierced without pleaded exceptional circumstances and joinder of companies; Procedural – claims stand or fall on founding affidavit; inadmissibility of without-prejudice communications as proof.
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18 June 2025 |
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Acquittal where State failed to prove accuseds' presence, participation or common purpose in fatal stabbing.
Criminal law – Murder – No eyewitness to stabbing – Identification evidence and witness credibility – Doctrine of common purpose (s196A) – Acquittal for failure to prove presence, participation or mens rea.
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18 June 2025 |
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17 June 2025 |
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Applicant failed to show good and sufficient cause and prospects of success to rescind a default judgment under the Commercial Court rules.
Civil procedure – Commercial Court r 21(2) and r 15 – rescission of default order – requirement to show good and sufficient cause and prospects of success – effect of IECMS notifications – imputation of attorney’s negligence to litigant
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17 June 2025 |
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Applicant failed to show good and sufficient cause to set aside a default judgment under rule 21(2).
Commercial Court — Rule 21(2) rescission of default judgment — good and sufficient cause (explanation, bona fides, prospects) — admissibility of affidavits (hearsay; rule 31) — oral contract proof — deed of pledge — finality and expedition in commercial litigation.
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17 June 2025 |
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17 June 2025 |
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Whether co-applicants in motion proceedings may be separately represented and sever their case under court rules.
Civil procedure – representation of co-applicants – severance of case – interpretation of Commercial Court Rules r 53(1) and High Court Rules r 56(21)/Order 49 r 442 – motion versus trial proceedings – reading‑in to cure drafting errors.
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16 June 2025 |
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Bar for failure to file a replication applies only to replication filing; removal granted for genuine mistake, no costs.
Civil procedure – Rule 40(9) replication bar – bar limited to filing replication and does not suspend prosecution of action; r 39(4) limitations inapplicable; wilful default test; prospects of success not decisive in removal of replication bar; removal of bar and filing within 10 days; no order as to costs
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13 June 2025 |
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Owner entitled to summary eviction and removal where respondent failed to disclose a bona fide defence.
Property law – actio rei vindicatio – owner’s right to possession; Summary judgment – requirement to disclose bona fide defence; Misjoinder – inadequate to defeat substantive claim absent credible evidence; Costs – legal practitioner–client scale for vexatious or dilatory conduct
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13 June 2025 |
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13 June 2025 |
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Interim anti-dissipation interdict granted to preserve applicant’s 50% share of jointly-owned rental income pending main action.
Interim relief – Anti-dissipation interdict – Joint property rentals – Prima facie right to income – Irreparable harm – Balance of convenience – Urgency – Affidavit authentication (r85 SI 202/2021).
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13 June 2025 |
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Plaintiff failed to show lawful adoption of a pre‑incorporation acknowledgment and authorised signatory, so absolution granted.
Civil procedure – absolution from the instance – prima facie case test; Company law – pre‑incorporation contracts and s 32 ratification; Contract law – validity and authority of signatory; Liquid document – ambiguities and misdescription
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12 June 2025 |
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Condonation refused for inordinate delay, unreasonable explanation, and no prospects of success; s48 lawfully applied.
Administrative law — condonation for late review — High Court Rules r62(4) — Administrative Justice Act s3(1)(c) and s6 — un‑commissioned affidavit invalid — Police Act s48 — lawful discharge by Commissioner‑General — no prospects of success on review
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12 June 2025 |
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A default judgment granted despite a late but filed notice of opposition was erroneously granted and was set aside; barred litigants retain limited rights to be heard.
Civil procedure – rescission of default judgment – rule 449 – effect of out‑of‑time notice of opposition on default judgment – barred litigant’s limited right to be heard – duty to give notice or seek strike‑out before seeking default judgment
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11 June 2025 |
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Application for leave to sue denied where claim is unpaid terminal benefits falling within Labour Act jurisdiction; Labour Court is the proper forum.
Insolvency Act s126 — leave to sue during corporate rescue; procedural form of application — chamber v court; Labour Act s13 — unpaid terminal benefits constitute unfair labour practice; forum competence — Labour Court as forum of first instance for s13 disputes; balancing creditors' interests and rescue culture when granting leave
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10 June 2025 |
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An interdict cannot substitute for eviction where the applicant lacks a clear right and is not in occupation of the land.
Civil procedure – interdict – requirements for final interdict (clear right, onus, irreparable harm) – possession and occupation – interdict not appropriate remedy for eviction – admissibility/weight of documents filed in answering affidavit – jurisdiction and forum.
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10 June 2025 |
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Application to demolish structure on court-declared owner’s stand dismissed; prior judgment operative and constitutional protection not engaged.
Civil procedure — Application for demolition of structure — Reliance on extant ownership judgment — Superannuation of judgments — Rule 69(3) and writs — Effect of rescission application on operation of judgment — s 74 Constitution (eviction/demolition) not engaged where structure not shown to be a home.
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10 June 2025 |
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Failure to plead prospects of success in the founding affidavit renders a condonation/reinstatement application fatally defective.
Civil procedure – condonation and reinstatement of appeal – requirements: extent of delay; explanation for delay; prospects of success must be pleaded in founding affidavit – heads of argument cannot cure pleadings deficiency
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9 June 2025 |
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Failure to pay prescribed security for respondent's costs renders a notice of appeal nullity; appeal struck off with costs.
Civil procedure – Appeals – Magistrates’ Court (Civil) Rules Order 31 – Requirement to pay security for respondent’s costs when noting appeal – Notice of appeal nullity if no payment – Undertaking not a substitute – Clerk’s discretion limited – Order 34 inapplicable to cure non-compliance
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9 June 2025 |
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Appellants’ identification and common purpose proved; sentencing was proper and appeal dismissed.
Criminal law – Robbery – Identification evidence and alleged dock identification – Similar fact evidence and modus operandi – Common purpose/co‑perpetration – Sentence discretion and concurrency – Appeal dismissed.
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9 June 2025 |
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Capital gains tax accrued on the 2010 sale; SI33(2019) did not convert an unassessed USD liability to RTGS.
Capital gains tax – timing of accrual and assessment – s 6, s 8; Conveyancers’ withholding/remittance duty – s 22C; Currency conversion SI 33 of 2019 – applies only to obligations valued and expressed in US$ immediately before 22 Feb 2019; Deeds Registry/title not determinative of accrual.
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9 June 2025 |
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Court distinguishes res judicata from a stay; appeal dismissed because no valid, served review application existed.
Civil procedure — res judicata vs stay of proceedings — distinction between substantive bar and discretionary stay; requirement of proper institution and service of review proceedings against administrative decision-maker.
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9 June 2025 |
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A minister deemed party to bargaining may set aside an arbitral award that unlawfully compels a public entity to exceed its approved budget.
Labour law – collective bargaining involving state-controlled statutory bodies – Minister deemed party under s 74(7) – arbitral award conflicting with public finance legislation – public policy under Article 34(2)(b)(ii) – awards exceeding approved public entity budgets unlawful and reviewable.
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6 June 2025 |
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A confirmed warned and cautioned confession, held voluntary, supports a murder conviction and 30-year sentence for the accused.
Criminal law — Confirmed warned and cautioned statement — Admissibility and voluntariness (s256(2)); Confession as basis for conviction where offence proven (s273); Joint liability/common purpose (s196A); Murder with actual intent (s47(1)(a)); Sentencing — aggravating factors, presumptive 20-year guideline.
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5 June 2025 |
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Applicants ordered to pay higher-scale costs for vexatious conduct in pressing interlocutory proceedings after main case dismissal.
Civil procedure — costs — award of attorney-and-client costs for vexatious, frivolous or mala fide conduct — setting down interlocutory matter after main matter dismissed — abuse of process; party-to-party costs where consented
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4 June 2025 |
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Applicant failed to prove a customary marriage; documentation of being held out as married was insufficient for surviving spouse status.
Administration of Estates Act – surviving spouse status – proof of customary law marriage – payment of lobola and cultural rites – evidentiary requirements in motion proceedings – declaratory relief under s 14 High Court Act
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4 June 2025 |
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A declaratory application cannot overturn an extant default judgment; affected parties must seek rescission or review under the Rules.
Civil procedure — Declaratory relief — Improper use of declaratur to challenge an extant default judgment — Rescission/review under High Court Rules (Rule 27, Rule 29) is the proper remedy — Court orders bind State and affected persons
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4 June 2025 |
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Whether the applicant’s review was time-barred and whether the respondent’s seizure decision was unlawful and grossly unreasonable.
Administrative law – review under Administrative Justice Act – prescription: s193(12) (seizure) vs s196(2) (other civil proceedings) – tourist rebate/regulations s104 – requirement for decision to relate law to facts – seizure/forfeiture – insufficiency of SARPCCO as proof of permanent exportation – grossly unreasonable administrative decision
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3 June 2025 |
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A fuel supply agreement and securities entered without required exchange control approval are illegal and unenforceable.
Exchange Control Regulations s11 — requirement for exchange control authorisation before incurring obligations to pay outside Zimbabwe; illegality of contract — void ab initio; special plea in bar — decidable on the papers; condition precedent — registration with Exchange Control Authorities.
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3 June 2025 |