Update on AfriNIC's Legal and Governance Situation

Wed Nov 20 16:02:34 SAST 2024

Dear Members,

We are writing to bring to your attention an important update regarding the
ongoing legal and governance issues at AfriNIC.

As many of you are aware, AfriNIC has been facing significant challenges
due to legal actions that have left the organization incapacitated. On
September 12, 2023, the courts in Mauritius appointed a receiver to oversee
the reconstitution of AfriNIC’s board of directors, in accordance with its
bylaws, within a two-month timeline.

Unfortunately, during most of this period, the receiver remained
unresponsive to member queries. Only recently, in response to a member's
inquiry regarding an RFQ posted locally in Mauritius to find a service
provider to execute this task, the receiver wrote to confirm that no RFQ
submissions were received. With the two-month timeframe now passed, there
remains no clear path forward for resolving the situation.

We are sharing this update to raise awareness, as AfriNIC’s issues have an
impact on the broader Internet community in Africa. If you would like to
follow this matter more closely, we encourage you to join AfriNIC’s
"members-discuss" mailing list to stay informed and engaged.

We will continue to monitor developments and share updates as appropriate.

Regards,
Kyle Spencer

--
Cell / WhatsApp / Signal: +256786350675

---------- Forwarded message ---------
From: Noah <noah at neo.co.tz>
Date: Tue, 19 Nov 2024, 22:57
Subject: Re: [members-discuss] Court Update
To: AFRINIC Communication <comms at afrinic.net>
Cc: AfriNIC Discuss <members-discuss at afrinic.net>

On Tue, 19 Nov 2024, 13:44 AFRINIC Communication via Members-Discuss, <
members-discuss at afrinic.net> wrote:

> [Sent on behalf of the Official Receiver]
>
> Dear Members,
>
> I wish to bring to your attention that following the press advert,
> published in two local newspapers. I have not received any offer as at the
> closing date and I have not retained the services of any company to assist
> me in the election process.
>
> I rely on your understanding, cooperation and patience.
>
> Regards,
>
> V. Virasami
> Official Receiver.
>

Dear Mr V. Virasami

Thank you for your email and response.

As a followup query to you and in accordance with article (3.4) subsection
(vii), the AFRINIC's Bylaws, a company for which you are an official
receiver todate.

Will you in your capacity as an officer appointed by the court ensure that
you furnish and disseminate to all AFRINIC member's information on all
matters affecting the Company AFRINIC Limited including matters of
directors elections as enshrined in the AFRINIC constitution and are a
prerogrative of AFRINIC resource members.

Secondly, I take it that only about 100 resource members can recieve any
such information published and disseminated on this very important
members-discuss mailing forum.

Please can you kindly acknowledge the fact that only those few hundred
memnbers subscribed on this mailing list as reported recently, are the ones
who have received communications made here electronically this far.

That over 2000, resouce members of AFRINIC are not aware of matters
affecting their organization and are clueless about any such communication
posted herein and therefore are in total darkness.

Cheers
Noah

>
>
> > On 15 Nov 2024, at 15:03, Noah <noah at neo.co.tz> wrote:
> >
> > Dear Mr V. Virasami
> >
> > As a followup to your email to concerned members. In accordance with
> article (3.4) subsection (vii), the AFRINIC's Bylaws, a company for which
> you are an official receiver, AFRINIC is supposed to disseminate among its
> member's information on all matters affecting the Company and its members
> and to provide for and be a central channel of communication for the
> members of the Company.
> >
> > As such, I would like to bring to the attention of AFRINIC resource
> members and your office, the attached gazetted publication which was
> published in the local newspapers in Mauritius in recent days. I take note
> that the AFRINIC service region spans a geographic region beyond the
> republic of Mauritius which is over 54 states and that over 2000+ resource
> members are not residents of the republic of Mauritius. Therefore, the only
> way they can know about matters affecting the Company, is when such matters
> are shared with all of them through AFRINIC communications channels.
> >
> > <Page 21.jpeg>
> >
> > In any case, I would like to know if there was any effort beyond
> Mauritius to inform all resource members across all 50+ states in AFRICA
> about the said publications considering the content of the publication.
> >
> > Cheers,
> > ./noah
> >
> >
> >
> > On Fri, Nov 15, 2024 at 1:27 PM AFRINIC Communication via
> Members-Discuss <members-discuss at afrinic.net> wrote:
> > [Sent on behalf of the Official Receiver]
> >
> > Dear Members,
> >
> > I acknowledge receipt of your concerns and want to reassure you that the
> AFRINIC election is still an ongoing concern and the Bylaws of AFRINIC will
> be respected.
> >
> > I appreciate your cooperation and will keep you updated in due course.
> >
> > Yours sincerely,
> > Mr V. Virasami
> > Official Receiver
> >
> > > On 14 Nov 2024, at 21:52, ALAIN AINA via Members-Discuss <
> members-discuss at afrinic.net> wrote:
> > >
> > > Hi Colleagues,
> > >
> > > As we seek updates from the OR, it might be good to discuss among the
> members how best we expect this board reconstitution to be done following
> the court order.
> > >
> > > Find below some thoughts on the matter. Let hear from the members.
> > > ====
> > >
> > > On the 16th of October 2024, AFRINIC announced (1)the decision made by
> the Supreme Court of Mauritius to restore the previous order appointing the
> Official Receiver (OR) and providing the OR with a two-month
> > > timeframe to organise the elections in accordance with AFRINIC’s
> constitution and complete the entire process from the date of the judgment
> (15th October 2024).
> > >
> > > Considering the current constitution (2) of AFRINIC with his articles
> on appointing directors (6 regional, 2 independent) with NomCom and
> election committee,
> > >
> > > Considering the current situation of AFRINIC in which the community
> and the membership have been disengaged,
> > >
> > > Considering that the current constitution does not have provisions for
> renewing the board of directors in the scale of resetting the full board,
> > >
> > > Considering the fact that the 2-month period may not be sufficient to
> organise a fair and inclusive elections that match needs,
> > >
> > > Considering that at this point of time, the organization needs first
> to get back on track, comply with its various statutory obligations, the
> skills and expertise required for directors may be of governance, risk
> > > management, legal and compliance, restructuring, change management,
> and transformation (beyond those set at article 13.12 of the current
> bylaws) and which may not be gained through these elections,
> > >
> > > It is recommendable to the membership of AFRINIC to consider
> appointing an interim board for a period of 12 maximum 18 months with
> specific and clear mandate:
> > >
> > > - deal with emergency and urgent issues including bringing onboard an
> interim CEO
> > > - assess the status of the organization
> > > - engage the community regarding the outcomes of the assessment and
> the revamping the org (amendment of the bylaws.)
> > > - call for board normal elections according to the bylaws’ terms
> > >
> > > The appointment of an such specialized interim board could be done
> either by:
> > >
> > > a- Membership and community to vet a list of proposed qualified
> candidates, as it was done in 2001 to appoint the initial board (34).
> > > b- Membership to vote on a list of proposed qualified candidates
> > >
> > > Not fixing issues the right way, will bring back the status quo, which
> will be more catastrophic and unforgivable.
> > >
> > > The members and the regional Internet community will face a historical
> moment and opportunity to fix AFRINIC.
> > >
> > >
> > > 1 https://afrinic.net/20241015
> > > 2 https://afrinic.net/bylaws#b20-7
> > > 3 https://afrinic.net/history
> > > 4 https://afrinic.net/board#previous
> > >
> > > ====
> > >
> > > —Alain
> > >
> > >
> > >
> > >
> > >
> > >
> > >> On 14 Nov 2024, at 12:01, Seun Ojedeji <seun.ojedeji at gmail.com>
> wrote:
> > >>
> > >> Hi trying a different email address that receiver used to write to
> the list in the past.
> > >>
> > >> @Receiver I hope you will provide us with some useful update on
> status of the election preparations.
> > >>
> > >> Regards
> > >>
> > >> ----
> > >> Sent from my mobile
> > >> kindly excuse typos
> > >>
> > >> On Tue, 5 Nov 2024, 4:44 pm Seun Ojedeji, <seun.ojedeji at gmail.com>
> wrote:
> > >> Dear AFRINIC Comms,
> > >>
> > >> Can you kindly confirm if the receiver is subscribed on the AFRINIC
> members mailing list? If not can you advice on how the receiver can be
> directly reached so we can have update from him directly.
> > >>
> > >> Regards
> > >>
> > >> ----
> > >> Sent from my mobile
> > >> kindly excuse typos
> > >>
> > >> On Wed, 30 Oct 2024, 1:24 am AFRINIC Communication via
> Members-Discuss, <members-discuss at afrinic.net> wrote:
> > >> Dear AFRINIC Members,
> > >>
> > >> We wish to inform you that the Official Receiver, Mr. Virasami, will
> be communicating directly with members in due course regarding matters
> related to AFRINIC elections.
> > >>
> > >> We appreciate your patience and cooperation in this matter.
> > >>
> > >> AFRINIC Communication
> > >>
> > >>> On 29 Oct 2024, at 14:46, Mark Elkins <mark at posix.co.za> wrote:
> > >>>
> > >>> I agree with you Seun - what is happening? Where are the Election
> announcements - etc.
> > >>> On 2024/10/29 12:09, Seun Ojedeji wrote:
> > >>>> Dear AFRINIC(to whom it may concern)
> > >>>>
> > >>>> Based on this announcement, I was expecting to read update from the
> receiver on the election process by now.
> > >>>>
> > >>>> Can the receiver kindly provide update on the election process
> since the 2 months countdown period already started?
> > >>>>
> > >>>> Regards
> > >>>>
> > >>>> ----
> > >>>> Sent from my mobile
> > >>>> kindly excuse typos
> > >>>>
> > >>>> On Wed, 16 Oct 2024, 7:11 am AFRINIC Communication via
> Members-Discuss, <members-discuss at afrinic.net> wrote:
> > >>>> Dear colleagues,
> > >>>>
> > >>>> The Supreme Court of Mauritius made the following ruling on 15
> October 2024.
> > >>>>
> > >>>> The ruling sets aside the appeal initiated by AFRINIC on 28
> September 2023 and restores the judgement made by the learned Judge of the
> Commercial Division of the Supreme Court delivered on 12 September 2023.
> > >>>>
> > >>>> This ruling also restores the previous order appointing the
> Official Receiver and providing the Official Receiver with a two-month
> timeframe to organise the elections in accordance with AFRINIC’s
> constitution and complete the entire process from the date of this
> judgement.
> > >>>>
> > >>>> On Behalf of the Official Receiver
> > >>>> _______________________________________________
> > >>>> Members-Discuss mailing list
> > >>>> Members-Discuss at afrinic.net
> > >>>> https://lists.afrinic.net/mailman/listinfo/members-discuss
> > >>>>
> > >>>> _______________________________________________
> > >>>> Members-Discuss mailing list
> > >>>> Members-Discuss at afrinic.net
> > >>>> https://lists.afrinic.net/mailman/listinfo/members-discuss
> > >>>>
> > >>> --
> > >>> Mark James ELKINS  -  Posix Systems - (South) Africa
> > >>> mje at posix.co.za       Tel: +27.826010496
> > >>> For fast, reliable, low cost Internet in ZA:
> https://ftth.posix.co.za
> > >>>
> > >>> <abessive_logo.jpg><QR-MJElkins.png>
> > >>
> > >> _______________________________________________
> > >> Members-Discuss mailing list
> > >> Members-Discuss at afrinic.net
> > >> https://lists.afrinic.net/mailman/listinfo/members-discuss
> > >> _______________________________________________
> > >> Members-Discuss mailing list
> > >> Members-Discuss at afrinic.net
> > >> https://lists.afrinic.net/mailman/listinfo/members-discuss
> > >
> > >
> > > _______________________________________________
> > > Members-Discuss mailing list
> > > Members-Discuss at afrinic.net
> > > https://lists.afrinic.net/mailman/listinfo/members-discuss
> >
> >
> > _______________________________________________
> > Members-Discuss mailing list
> > Members-Discuss at afrinic.net
> > https://lists.afrinic.net/mailman/listinfo/members-discuss
> > <OR Publication in Mauritius Newspaper.pdf><Page 21.pdf>
>
> _______________________________________________
> Members-Discuss mailing list
> Members-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/members-discuss
>
_______________________________________________
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