Cloud Innovation and AFRINIC: straight answers

For five years the same questions have been asked about us, and mostly answered by others. Here are our answers, each with the document it rests on. We are a party to this dispute, so do not take our word for it: the orders of the Supreme Court of Mauritius are published here in full, as text, beside the originals.

Did Cloud Innovation steal Africa’s IP addresses?

No.

AFRINIC registered every address we hold, through its own process, to a member it has had since 2013. The complaint of AFRINIC’s management against us was never theft: it was about how AFRINIC’s own rules should be read. The addresses that were found taken without justification were taken inside AFRINIC, whose own audit, published in 2021, found 2,371,584 IPv4 addresses “misappropriated from AFRINIC’s pool of resources and attributed to organisations without justification”. An IP address is a number in a record, and registering one takes nothing from Africa.

Lu Heng’s Note 78

IP for Africa, Not Africa for AFRINIC

Lu Heng takes the slogan “IP for Africa” at its word: the addresses belong to the networks that run on them, not to the only registry in the region.

Did Cloud Innovation break AFRINIC’s rules?

No.

The accusations of AFRINIC’s management rested on its own misreading of its policies and of how routing works, as our reply of 13 July 2020 explained. Eight months later, on the first day of a national lockdown in Mauritius, “when access to justice was very limited”, it gave us 30 days to answer what the Court later called “purported breaches”, or face termination at its “sole discretion”. The Court restrained AFRINIC from terminating our membership.

Is Cloud Innovation a member of AFRINIC?

Yes.

We have been a Resource Member of AFRINIC since 2013, and the Supreme Court has ordered AFRINIC to enter us in its register of members as well. On 11 June 2025, on AFRINIC’s own application, the Court directed that the register be rectified to add us as its member under section 91 of the Companies Act. A rule of 9 October 2026 restates that order, and the Registrar of Companies’ record lists us on the register from that day. AFRINIC’s own communiqué of 31 October 2026 says the rule “serves to certify the outcomes” of the Court’s orders.

Was Cloud Innovation put on AFRINIC’s register by mistake?

A category was wrong, and it was corrected.

Our place on the register is by order of the Court. In 2025 we were first listed as a “Registered Member”, the category AFRINIC’s bylaws keep for directors; a ruling of 19 June 2025, given in a case to which we were not a party, called that a “wrong classification”, and we accept that it was. The order of 11 June 2025 is a different thing: made on AFRINIC’s own application, it directs that we be entered as a member under section 91 of the Companies Act. The ruling of 19 June contains no order cancelling it, and the rule of 9 October 2026 restates it. A correction of category cannot erase an express order to record a member.

Lu Heng’s Note 63

On When the Bookkeeper Auditions for Olympus

What happens when a bookkeeper begins to believe the ledger is a throne?

Why has Cloud Innovation gone to court so often?

Because each of our applications answered a new move against us.

That is what the Supreme Court found on 19 July 2022, when it rejected AFRINIC’s claim that we were abusing its process: Cloud Innovation “cannot be taxed for resorting to an independent court to safeguard its rights”, and upholding AFRINIC’s objection “would imperil the future administration of justice”. In June 2022 we offered mediation without conditions. AFRINIC’s management did not even acknowledge the offer.

Lu Heng’s Note 61

Running-Code Betrayal: How the RIR System Turned Consensus Against the Technical Community

Does “community consensus” give a room the right to rule over networks that are already running?

Did Cloud Innovation freeze AFRINIC’s bank accounts?

A judge authorised it.

On 23 July 2021, on our application and in support of our claim for damages over the termination, the Judge in Chambers of the Commercial Division authorised us to attach up to USD 50 million held in AFRINIC’s name at two banks. That was ten days after those then running AFRINIC had “deliberately flouted” the Court’s injunction, as the judgment of 19 July 2022 records. The order is published here, word for word.

Is Cloud Innovation trying to shut AFRINIC down?

We want the registry kept running, and run lawfully.

On our application in 2023 the Supreme Court restrained AFRINIC from relocating, merging, restructuring or submitting to a takeover, and appointed a Receiver to see that elections are held under its constitution; we sought that to restore good governance at AFRINIC, never to disrupt its work. When an entire election was annulled over “one disputed proxy” and ICANN itself warned that AFRINIC’s ability to function was in jeopardy, we asked the Court for an orderly wind-up under its supervision and proposed a successor registry, so that African networks keep their registry services without interruption. What has to survive is the record the networks depend on, not the people who misused it. Our dispute is not with AFRINIC, which belongs to its members, but with those who control it.

Do Cloud Innovation’s addresses host illegal content?

We host nothing.

Our customers are network operators in 60 countries who keep hundreds of millions of people online. In August 2021 AFRINIC’s management wrote that websites using addresses allocated to us carried illegal content, and demanded to know why we did not monitor them, on pain of termination. We asked them to tell us within four hours which addresses were involved, so that the sites could be shut down. They refused. A registry that would not say where the abuse was had no business demanding the power to watch everyone.

Where is Cloud Innovation from?

Cloud Innovation Ltd is registered in Seychelles, an African state, and has been a member of AFRINIC since 2013.

It would make no difference if it were registered anywhere else: an IP address has no nationality, and neither do a member’s rights under AFRINIC’s constitution and the law of Mauritius. Those who call it foreign are talking about its founder’s passport, and a passport is not an argument.

Lu Heng’s Note 44

On the “Capture” Paradox — and the Verified Challenger They Manufactured

If governance is truly bottom-up, why is a challenger from inside called “capture”?