[AFRI-Discuss] [At-Large] AFRINIC is not undergoing liquidation. The Court has appointed a Receiver and hopefully Afrinic will be back to normal.

[Raymond Mamattah]

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 at 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 at 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
> >
> > --
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