Dear Raymond, Indeed, Clouds Innovation brought AFRINIC to court, and their legal representatives argued that AFRINIC's lawyers could not continue to represent the organization in the case because they were engaged by a non-conforming board consisting of only four members (where a quorum should comprise a minimum of five out of eight members to pass resolutions). So, what has the Court decided? Clouds Innovation's point was found to be valid. Therefore, In its deliberate judgment, the Court took measures to ensure that the AFRINIC board became quorate, allowing it to make decisions and take resolutions for AFRINIC. That's why the Receiver was appointed. It's important to note that the Receiver's mandate is well-defined and not contingent on taking the interests of one party over another. The Court has done what is defined as per the Mauritian Law. Please have a read at the Mauritius Companies Act 2001 - https://companies.govmu.org/Documents/legislation/Companies%20Act%202001.pdf My personal opinion. Rays of hope and I am confident Afrinic will be back to normal Kind regards Dave On 16/09/2023 00:59, Raymond Mahatma wrote:
Thanks Dave for this update. But from the publication which you shared earlier it was Clouds that took AFRINIC to court of which this judgement was given.
Furthermore, from the same publication Cloud argued that the AFRINIC legal team does not have the legal rights to act on behalf of them.
Do you have any idea in whose interest the receiver is most likely to act? Anything on his profile for consideration?
Furthermore, wouldn't it rather be better for the court to give the mandate to the already existing structures of AFRINIC such as the current board members to act in the roles the receiver is acting?
I seriously hope things get to normal soon, however, I don't see anything to jubilate about yet.
Regards,
Raymond Mamattah Accra, Ghana
On Fri, Sep 15, 2023, 8:49 PM Bram Fudzulani via AFRI-Discuss <afri-discuss@atlarge-lists.icann.org> wrote:
Thanks Dave for sharing this milestone which is indeed worth celebrating as it gives hope of AFRINIC’s future.
Kudos to the Supreme Court judge for this decision.
Kind Regards Bram
Sent from my iPhone. iTypo. iSorry.
> On 15 Sep 2023, at 10:39 PM, Dave Kissoondoyal via At-Large <at-large@atlarge-lists.icann.org> wrote: > > > Dear Community Members, > > We, the African Internet community have been reasonably concerned > following the news that AFRINIC has come under receivership. A Receiver > Manager for AFRINIC has been appointed by the Supreme Court in > Mauritius. In my humble opinion, there is no need for undue alarm. A > similar option was actually discussed during the recent AFRALO General > Assembly in Accra, Ghana in July 2023. We proposed that AFRINIC should > make an application to the Judge in Chamber of the Supreme Court in > Mauritius for the holding of the AFRINIC Board elections under the Court > supervision to bring back AFRINIC to its functional board and directorship. > > It is important to clarify that the community should not mistake this > situation for liquidation, as AFRINIC is not in a state of liquidation. > > Credit is due to the Judge of the Supreme Court of Mauritius for > appointing a Receiver Manager, Mr. Virasami. Mr. Virasami's role will > primarily involve safeguarding the institution's interests and assets, > overseeing the upcoming Board elections in accordance with AFRINIC's > constitution, and appointing a CEO. He is expected to organize the > Afrinic Board elections within six months, with provisions for extension > if deemed necessary. This process aims to restore the effective > management of the institution through a properly constituted Board and > Directorship. > > For your information, AFRINIC is registered in Mauritius as a Private > Company, Limited by Guarantee, in accordance with the Companies Act 2001 > of Mauritius, bearing File Number C49338 and Business Registration > Number C06049338. > > As AFRINIC operates in accordance with community guidance and its Board is elected by the community, it's crucial to acknowledge that the Board's composition is a direct reflection of the community's choices. Hence, we respectfully ask Mr. Virasami, the Receiver Manager, to consistently share updates with the community regarding the institution's management activities. > > Kind regards > Dave Kissoondoyal > AFRALO Member > ALAC Member > > -- > -------------------------------------------- > The information in this e-mail including any attachments is confidential. It is intended solely for the attention and use of the named addressee(s) and cannot be used or shared with any third party without permission. > > -------------------------------------------- > _______________________________________________ > At-Large mailing list > At-Large@atlarge-lists.icann.org > https://atlarge-lists.icann.org/mailman/listinfo/at-large > > At-Large Official Site: http://atlarge.icann.org > _______________________________________________ > By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. _______________________________________________ AFRI-Discuss mailing list AFRI-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/afri-discuss
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