Update on AfriNIC's Legal and Governance Situation

Kyle Spencer kyle at stormzero.com
Fri Mar 28 18:31:53 SAST 2025 

Dear Members,

[ La traduction française est ci-dessous ]

I'm writing to provide some updates on the AfriNIC legal situation:

1) The court has replaced the official receiver, Mr. Virasami, after
the deadline to reconstitute AfriNIC’s board of directors passed
without progress.

2) The new receiver, Gowtamsingh Dabee (gdabee at gdriches.mu), sent an
introductory e-mail to the AfrINIC mailing list on February 17, 2025
and a subsequent update on March 28, 2025 in which he pledged to (a)
provide a timeline for achieving the reconstitution within 2025 and
(b) find short-term solutions that would enable the allocation of IP
resources.

3) The Internet Service Providers Association of South Africa (ISPA)
has issued a press release that warns its members to be vigilant about
the security of their AFRINIC credentials following reported attempts
to influence the organisation's governance structures. Unauthorised
access to credentials could allow third parties to manipulate voting
processes and alter policy decisions. ISPA advises members to keep
their login details confidential and to report any suspicious
activity: https://ispa.org.za/press_releases/ispa-urges-afrinic-members-protect-credentials/

We encourage you to share the above with your members to help keep
them informed.

Regards,
Kyle Spencer


[ Traduction française ]


Chers membres,

Je vous écris pour vous fournir quelques mises à jour supplémentaires
sur la situation juridique d'AfriNIC :

1) Le tribunal a remplacé l'administrateur judiciaire, M. Virasami,
après que la date limite pour la reconstitution du conseil
d'administration d'AfriNIC est passée sans avancée.

2) Le nouvel administrateur, Gowtamsingh Dabee (gdabee at gdriches.mu), a
envoyé un e-mail de présentation à la liste de diffusion d’AfriNIC le
17 février 2025, suivi d’une mise à jour le 28 mars 2025, dans
laquelle il s’est engagé à (a) fournir un calendrier pour parvenir à
la reconstitution d’ici 2025 et (b) trouver des solutions à court
terme permettant l’allocation des ressources IP.

3) L'Internet Service Providers Association of South Africa (ISPA) a
publié un communiqué de presse avertissant ses membres d’être
vigilants quant à la sécurité de leurs identifiants AFRINIC, à la
suite de tentatives signalées d’influence sur les structures de
gouvernance de l’organisation. Un accès non autorisé aux identifiants
pourrait permettre à des tiers de manipuler les processus de vote et
de modifier les décisions politiques. L’ISPA conseille à ses membres
de conserver leurs identifiants en toute confidentialité et de
signaler toute activité suspecte :
https://ispa.org.za/press_releases/ispa-urges-afrinic-members-protect-credentials/

Nous vous encourageons à partager ces informations avec vos membres
afin de les tenir informés.

Cordialement,
Kyle Spencer






On Wed, Nov 20, 2024 at 9:02 AM Kyle Spencer <kyle at stormzero.com> wrote:
>
> 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
>
> _______________________________________________
> Members-Discuss mailing list
> Members-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/members-discuss



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