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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA …

IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA Soobramoney v Minister of Health (Kwazulu-Natal) Case CCT 32/97 Decided on 27 November 1997 Media Summary

  Court, South, Africa, Case, Constitutional court of south africa, Constitutional, Minister, Soobramoney, Constitutional court of south africa soobramoney v minister

Case CCT 105/10 EVERFRESH MARKET VIRGINIA …

Case CCT 105/10 EVERFRESH MARKET VIRGINIA

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 105/10 [2011] ZACC 30 In the matter between: EVERFRESH MARKET VIRGINIA (PTY) LIMITED Applicant

  Virginia, Court, South, Market, Africa, Constitutional court of south africa, Constitutional, Everfresh market virginia, Everfresh

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 02/14 In the matter between: NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Applicant and SOUTHERN AFRICAN HUMAN RIGHTS

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA …

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CONSTITUTIONAL COURT OF SOUTH AFRICA Cases CCT 07/14 and CCT 09/14 In the matter between: HELEN SUZMAN FOUNDATION Applicant and PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA First Respondent

  Foundations, Court, South, Africa, Applicants, Constitutional court of south africa, Constitutional, Helen, Helen suzman foundation applicant and, Suzman

CONSTITUTIONAL COURT OF SOUTH AFRICA

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 201/14 In the matter between: PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA First Applicant MINISTER IN THE PRESIDENCY Second Applicant

  Court, South, Africa, Constitutional court of south africa, Constitutional

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 164/13 In the matter between: DALUXOLO NICHOLAS SALI Applicant and NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE First Respondent PROVINCIAL COMMISSIONER OF THE

  Court, National, Police, South, Africa, Constitutional court of south africa, Constitutional

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 136/17 In the matter between: SIBONGILE ZUNGU Applicant and PREMIER OF THE PROVINCE OF KWAZULU-NATAL First Respondent MEMBER OF THE EXECUTIVE COUNCIL FOR

  Court, South, Africa, Premier, Constitutional court of south africa, Constitutional

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 29/15 In the matter between: DIRK LINKS Applicant and MEMBER OF THE EXECUTIVE COUNCIL, DEPARTMENT OF HEALTH, NORTHERN CAPE PROVINCE Respondent Neutral citation: Links v MEC for Health, Northern Cape [2016] ZACC 10 Coram: Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Matojane AJ, …

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 86/15 In the matter between: DEMOCRATIC ALLIANCE Applicant and SPEAKER OF THE NATIONAL ASSEMBLY First Respondent CHAIRPERSON OF THE NATIONAL

  Court, South, Africa, Democratic, Constitutional court of south africa, Constitutional

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 41/16 In the matter between: MUYIWA GBENGA-OLUWATOYE Applicant and RECKITT BENCKISER SOUTH AFRICA (PTY) LIMITED First Respondent NADEEM BAIG N.O.

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA …

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 38/12 [2012] ZACC 18 In the matter between: NATIONAL TREASURY First Applicant SOUTH AFRICAN NATIONAL ROADS AGENCY

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA …

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 01/14 In the matter between: SOUTH AFRICAN POLICE SERVICE Applicant and SOLIDARITY obo R M BARNARD Respondent and POLICE AND PRISONS CIVIL RIGHTS UNION Amicus Curiae

  Court, South, Africa, Constitutional court of south africa, Constitutional

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 185/14 In the matter between: CHARLES OPPELT Applicant and HEAD: HEALTH, DEPARTMENT OF HEALTH, PROVINCIAL ADMINISTRATION:

  Department, Court, South, Africa, Heads, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA Case …

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 44/00 THE STATE versus RUSSELL MAMABOLO Appellant Intervening E.TV BUSINESS DAY FREEDOM OF EXPRESSION INSTITUTE Amici Curiae

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA - SAFLII

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 122/11 [2012] ZACC 24 In the matter between: DEMOCRATIC ALLIANCE Applicant and PRESIDENT OF THE REPUBLIC

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA - …

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THE COURT 4 [3] This precipitated an application in the High Court of South Africa, Gauteng Division, Pretoria by the Minister of Rural Development and Land Reform4

  Land, Court, South, Africa, Constitutional court of south africa, Constitutional

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 71/13 In the matter between: GASTON SAVOI First Applicant INTAKA HOLDINGS (PTY) LTD Second Applicant FERNANDO PRADERI Third Applicant and NATIONAL DIRECTOR OF PUBLIC

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA …

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CONSTITUTIONAL COURT OF SOUTH AFRICA Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd Case No.: CCT 105/10 Date of Hearing: 10 May 2011

  Virginia, Court, South, Market, Africa, Constitutional court of south africa, Constitutional, Shoprite, Everfresh, Constitutional court of south africa everfresh market virginia

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 216/14 In the matter between: SHOPRITE CHECKERS (PTY) LIMITED Applicant and MEMBER OF THE EXECUTIVE COUNCIL FOR

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT …

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT …

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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 48/00 ALIX JEAN CARMICHELE Applicant

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA - …

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2 Declaration of statutory invalidity — powers of courts to vary the retrospectivity of an order of constitutional invalidity — power to be exercised during suspension period

  Court, South, Africa, Declaration, Constitutional court of south africa, Constitutional

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 75/13 In the matter between: NATIONAL UNION OF PUBLIC SERVICE & ALLIED WORKERS obo MANI AND NINE OTHERS Applicant and

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA Case …

CONSTITUTIONAL COURT OF SOUTH AFRICA Case …

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 53/01 FRED KHUMALO First Applicant SKHUMBUZO MIYA Second Applicant FIDEL MBHELE Third Applicant

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CONSTITUTIONAL COURT OF SOUTH AFRICA . Case CCT 26/17 . In the matter between: SALEM PARTY CLUB First Applicant . LINDALE TRUST Second Applicant . HENDRIK JOHANNES NEL Third Applicant

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA - …

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 83/08 [2009] ZACC 19 FATIMA GABIE HASSAM Applicant versus JOHAN HERMANUS JACOBS NO …

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA …

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 131/12 [2013] ZACC 23 In the matter between: IMRAAHN ISMAIL MUKADDAM Applicant and PIONEER FOODS (PTY) LTD First Respondent

  Court, South, Africa, Applicants, Constitutional court of south africa, Constitutional, Ismail, Imraahn ismail mukaddam applicant and, Imraahn, Mukaddam

CONSTITUTIONAL COURT OF SOUTH AFRICA Case …

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 46/12 [2013] ZACC 3 In the matter between: MMUTHI KGOSIETSILE PILANE First Applicant RAMOSHIBIDU REUBEN DINTWE Second Applicant

  First, Court, South, Africa, Applicants, Alpine, Constitutional court of south africa, Constitutional, Mmuthi kgosietsile pilane first applicant, Mmuthi, Kgosietsile

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 53/06 [2007] ZACC 18 M* Applicant versus THE STATE Respondent CENTRE FOR CHILD LAW Amicus Curiae Heard on : 22 February 2007

  Court, South, Africa, Constitutional court of south africa, Constitutional, 18 m

CONSTITUTIONAL COURT OF SOUTH AFRICA …

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 08/13 [2013] ZACC 37 In the matter between: DERRICK GROOTBOOM Applicant and NATIONAL PROSECUTING AUTHORITY First Respondent

  Court, National, South, Africa, Applicants, Constitutional court of south africa, Constitutional, Authority, Prosecuting, Derricks, Derrick grootboom applicant and national prosecuting authority, Grootboom

CONSTITUTIONAL COURT OF SOUTH AFRICA …

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 56/13 [2013] ZACC 38 In the matter between: PATRICK LORENZ MARTIN GAERTNER First Applicant RORY CHARLES KLEMP Second Applicant

  First, Court, South, Africa, Applicants, Constitutional court of south africa, Constitutional, Mantri, Patrick, Patrick lorenz martin gaertner first applicant, Lorenz, Gaertner

CONSTITUTIONAL COURT OF SOUTH AFRICA Case …

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 51/00 DIKGANG ERNEST MOSENEKE First Applicant KARABO MABEL MOSENEKE Second Applicant MALATSI VINCENT MOSENEKE Third Applicant

  First, Court, South, Africa, Applicants, Constitutional court of south africa, Constitutional, Estern, Dikgang ernest moseneke first applicant, Dikgang, Moseneke

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT …

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KHAMPEPE J 2 Introduction [1] This is an application for leave to appeal against a decision of the Supreme Court of Appeal.1 The applicant was convicted and sentenced to an effective three years’ imprisonment under the Protection of Constitutional Democracy Against Terrorist and

  Protection, Atingsa, Court, South, Africa, Constitutional court of south africa, Constitutional, Terrorists, Democracy, Protection of constitutional democracy against terrorist and

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 42/15 In the matter between: THEMBEKILE MOLAUDZI Applicant and THE STATE Respondent Neutral citation: Molaudzi v S [2015] ZACC 20

  Court, South, Africa, Applicants, Constitutional court of south africa, Constitutional, Thembekile molaudzi applicant and, Thembekile, Molaudzi

CONSTITUTIONAL COURT OF SOUTH AFRICA MC …

CONSTITUTIONAL COURT OF SOUTH AFRICA MC

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 71/14 In the matter between: MC DENNEBOOM SERVICE STATION CC First Applicant NOLA ELISON CHILOANE Second Applicant and MOLEFE IAN PHAYANE Respondent Neutral citation: MC Denneboom Service Station CC and Another v Phayane [2014] ZACC 29

  Court, South, Africa, Constitutional court of south africa, Constitutional, Constitutional court of south africa mc

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 57/12 [2013] ZACC 14 In the matter between: MODJADJI FLORAH MAYELANE Applicant and MPHEPHU MARIA NGWENYAMA First Respondent

  Court, South, Africa, Applicants, Constitutional court of south africa, Constitutional, Modjadji florah mayelane applicant, Modjadji, Florah, Mayelane

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 104/12 [2013] ZACC 16 In the matter between: JACOBUS JOHANNES LIEBENBERG N.O. AND 84 …

  Court, South, Africa, Constitutional court of south africa, Constitutional

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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 74/14 In the matter between: H Applicant and FETAL ASSESSMENT CENTRE Respondent Neutral citation: H v Fetal Assessment Centre [2014] ZACC 34 Coram: Moseneke DCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Leeuw AJ, Madlanga J, Nkabinde J and Van der Westhuizen J

  Court, South, Africa, Constitutional court of south africa, Constitutional

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CONSTITUTIONAL COURT OF SOUTH AFRICA Cases CCT 216/15 and 221/16 CCT 216/15 In the matter between: GEORGE SIPHO MAKHUBELA Applicant and THE STATE Respondent CCT 221/16

  Court, South, Africa, Constitutional court of south africa, Constitutional

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CAMERON J 5 the Minister of Local Government, Environmental Affairs and Development Planning of the Western Cape (Provincial Minister) in terms of section 44(1)(d) of LUPO.3 The Provincial Minister upheld the appeal, granting planning approval and permitting the

  Court, South, Africa, Government, Constitutional court of south africa, Constitutional, Provincial, Cape

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MOSENEKE DCJ 3 [3] However, in the application for leave to appeal directly to this Court, the scope of the constitutional challenge has shrunk considerably.

  Applications, Court, South, Appeal, Africa, Constitutional court of south africa, Constitutional, To appeal

CONSTITUTIONAL COURT OF SOUTH AFRICA Case …

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KRIEGLER J 13 The corresponding provision of the interim Constitution is s 25(2)(d), which reads: “Every person arrested for the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right . . .

  Constitution, Court, South, Africa, Interim, Constitutional court of south africa, Constitutional, The interim constitution

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2 Heard on: 17 November 2014 Decided on: 26 June 2015 Summary: Criminal Procedure Act 51 of 1977 — section 77(6)(a)(i) — capacity of accused to understand proceedings — constitutionally invalid to the extent …

  Procedures, Court, Criminal, South, Africa, Constitutional court of south africa, Constitutional, 1977, Criminal procedure act 51 of 1977

CONSTITUTIONAL COURT OF SOUTH AFRICA

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CAMERON J 6 warrantless. Relying on the powers conferred by section 32A of the Act13 and section 45B of FICA,14 they demanded entry. 13 Section 32A of the Act provides: “(1) Any inspector furnished with inspection authority in writing by the board may

  Court, South, Africa, Constitutional court of south africa, Constitutional, Warrantless

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2 Evidence Amendment Act 45 of 1988 — admission of extra-curial admissions but not confessions violates section 9(1) of the Constitution — common law position restored

  Evidence, Court, South, Africa, Constitutional court of south africa, Constitutional, Amendment, Evidence amendment act

CONSTITUTIONAL COURT OF SOUTH AFRICA

CONSTITUTIONAL COURT OF SOUTH AFRICA

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JAFTA J 3 legislation requires approval of the Head of Department of Health, Eastern Cape before a private hospital may be established.1 [2] Kirland Investments (Pty) Limited t/a Eye & Lazer Institute (Kirland) instituted

  Private, Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA - …

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THE COURT 5 [12] As a result, it dismissed her application with costs2 and later dismissed her application for leave to appeal to the Labour Appeal Court. [13] Thereaf

  Court, South, Africa, Constitutional court of south africa, Constitutional, Dismissed

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MADLANGA J 6 Commission to accept, but not investigate or process in any substantive manner, claims filed under the Amendment Act. [4] The applicants base their constitutional attack upon procedural defects in the

  Court, South, Africa, Constitutional court of south africa, Constitutional, Amendment, Amendment act

CONSTITUTIONAL COURT OF SOUTH AFRICA

CONSTITUTIONAL COURT OF SOUTH AFRICA

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ACKERMANN J 4 [3] It is true that it is the President who is empowered to grant leave to appeal in terms of rule 18. Although rule 18(i)(ii) provides that applications for leave to appeal may be dealt with summarily without hearing oral or written argument other than that

  Court, South, Appeal, Africa, Constitutional court of south africa, Constitutional

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O’REGAN J directly applicable in this case despite the fact that the litigation does not involve the state nor any organ of state. This is a matter which will be considered later in this judgment.

  Court, South, Africa, Constitutional court of south africa, Constitutional

CONSTITUTIONAL COURT OF SOUTH AFRICA Case …

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SACHS J he stated in the notice that the age requirem ent had to be applied as an additional prerequi site for registration of independent schools as determ ined by a …

  Court, South, Africa, Constitutional court of south africa, Constitutional, Requirem

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