- Purpose and background. Cloud Innovation Ltd ("CIL") refers to its communiqué of 2 November 2026 and to the Communiqué issued "By Order of the Receiver" of AfriNIC Ltd on 31 October 2026, which states that a Legal Notice of 29 October 2026 demanded that the Registrar of Companies remove CIL's name from AfriNIC's register of members, and that copies were served "for information and such action as may be considered appropriate" on the Prime Minister, the Minister of Information Technology, Communication and Innovation, the Attorney General and the State Law Office. By written undertaking dated 10 June 2025, given on behalf of AfriNIC and signed by the Receiver, AfriNIC undertook to rectify its records within 15 days. The Court recorded that undertaking at paragraph C of the Order of 11 June 2025 (SC/COM/MOT/000399/2025), made in execution of the Order of 4 April 2025 (SC/COM/PET/000275/2021). It was not honoured. CIL therefore executed the judgment, and the Registrar entered CIL as a member on 9 October 2026 on the Supreme Court Rule of that date. Given the Receiver's clear objective of preventing the lawful execution of a judgment, CIL has decided on the steps below.
- Step 1 – The Court that appointed the Receiver. CIL will immediately inform the Bankruptcy Division of the Supreme Court, which appointed the Receiver on 12 February 2025 in SC/COM/MOT/000082/2025, of the gravity of his conduct: the non-compliance with the Orders and with the recorded undertaking, the Legal Notice, and the solicitation of Executive intervention in a matter the Court has decided. CIL will seek appropriate relief, including contempt sanctions, directions, costs and his removal. This is in addition to CIL's application before the Court.
- Step 2 – The Director of Insolvency. CIL will file a formal complaint with the Director of Insolvency as to the conduct and performance of the Receiver, an insolvency practitioner, including his failure to give effect to the Orders and the undertaking, his effort to procure the removal of an entry made under a court order, and his departure from the neutral role of a court-appointed receiver. CIL recognises that the complaint is regulatory in nature, and that the enforcement and construction of the Orders remain matters for the Court.
- Step 3 – The Registrar of Companies. In view of the Receiver's clear objective of preventing the lawful execution of a judgment, CIL will formally notify the Registrar of Companies that she should not entertain the Receiver's request to remove CIL's name. The entry was made under the Orders and the Rule of the Supreme Court, which bind her until varied, stayed or set aside by a competent court.
- Step 4 – The Honourable Prime Minister. AfriNIC has been designated a "declared company" by the Prime Minister. CIL will respectfully request the Honourable Prime Minister to take such steps as the Companies Act 2001 permits, having regard to the investigation mechanism in sections 230 and 231 and the Registrar's power under section 232, so that the Registrar causes an investigation into AfriNIC's membership. CIL asks that the investigation be carried out within the statutory framework and does not ask the Prime Minister to dictate its outcome. CIL does not seek any interference with the Orders. The investigation should examine, in particular: (a) why more than 2,000 resource members of AfriNIC have, on CIL's information, deliberately been omitted from its register of members; (b) why, whilst AfriNIC is in receivership, instructions have, on CIL's information, been given to draft a new constitution for AfriNIC with the sole aim, as CIL understands it, of permanently removing those resource members from the register; and (c) who authorised the appointment of directors of AfriNIC when the validity of the election process and of those directors is still to be determined by the Supreme Court. The Registrar's extract of file of 23 October 2026 lists eight directors. The board was reconstituted through the September 2025 election process while related proceedings were pending before the Bankruptcy Division.
- Request to recipients. CIL asks all recipients to rely on the official documents, namely the Orders of 4 April 2025 and 11 June 2025. CIL does not suggest that any Minister or public officer has acted improperly, and it has confidence in the independence of the judiciary and the institutions of Mauritius.
- Reservation of rights. CIL will act strictly within the law and through the Courts and the competent authorities. It reserves all its rights, including as regards contempt of court and referral to the competent authorities if the facts warrant.
Issued by Cloud Innovation Ltd
3 November 2026