Date: Jan 15, 2025
(Port Louis, Mauritius – 15 Jan 2025) – Cloud Innovation Ltd. today issues a formal public statement summarizing key developments from the Supreme Court of Mauritius proceedings on 25 November 2024 concerning the African Network Information Centre (AFRINIC). The Court’s transcript of that hearing provides important clarifications on AFRINIC’s governance and upcoming elections. Cloud Innovation Ltd., as a long-time AFRINIC stakeholder, welcomes these clarifications and reaffirms its commitment to full transparency and the rule of law. The company also urges that the impending AFRINIC Board elections be conducted freely and fairly under judicial supervision.
Another critical point emerging from the court transcript is the status of AFRINIC’s membership rolls after the AFRINIC Board became inquorate. The Court made clear that any individuals or entities added as AFRINIC members after the Board of Directors lost its quorum – are not recognized as valid members of AFRINIC for governance or voting purposes. In other words, once AFRINIC’s Board could no longer form a quorum (having only four directors as of that date ), it had no authority to approve new memberships. Consequently, any purported “members” admitted during the period of an inquorate board lack legal standing as members and hold no voting rights in the forthcoming elections. This measure prevents unauthorized or irregular expansion of the voter base and preserves the integrity of AFRINIC’s governance. Cloud Innovation fully supports this position, as it ensures that only duly admitted members (those in good standing prior to the loss of quorum) will determine AFRINIC’s future leadership.
Cloud Innovation also notes the Court’s emphasis on the powers of the Court-appointed Official Receiver, Mr. Vasoodaven Virasami, in managing AFRINIC’s affairs. Mr. Virasami, who was appointed by the Supreme Court to oversee AFRINIC’s operations during its insolvency and governance crisis, confirmed that he has not authorized any new allocations of Internet Protocol (IP) number resources during his tenure. The transcript revealed that several IP resource requests were processed without Mr. Virasami’s knowledge or consent, which the Court and Cloud Innovation found highly concerning . Any such allocation made without the Official Receiver’s explicit approval is invalid and of no legal effect. Cloud Innovation concurs that no resource requests or allocations should be handled without the appointed Receiver’s awareness and approval, to ensure proper oversight . This safeguard upholds the receivership’s purpose: to preserve AFRINIC’s assets and operations until a lawful Board is reinstated. Cloud Innovation commends Mr. Virasami for bringing these irregularities to light and stresses that all IP address allocations must follow established policies and occur under the Receiver’s sanctioned authority. Any deviation from this process undermines trust in AFRINIC’s management and will not be recognized as legitimate.
Cloud Innovation Ltd. reaffirms its unwavering commitment to transparency, accountability, and the rule of law throughout the AFRINIC proceedings. The company’s actions – from seeking the receivership to engaging in court hearings – have been aimed at restoring good governance within AFRINIC and protecting the rights of the AFRINIC community. With the Court’s clarifications now public, Cloud Innovation urges all stakeholders to focus on the upcoming AFRINIC Board election as the path to renewed stability. It is imperative that this election be conducted in a free, fair, and lawful manner under the supervision of the Court-appointed Receiver and the Mauritian judiciary. Any attempt to undermine or influence the election outside of legal channels would be a direct affront to the Court’s orders and the principles of democratic Internet governance.
Lu Heng, Chief Executive Officer of Cloud Innovation Ltd., stated: “We welcome the Supreme Court’s clear guidance on these issues and remain firmly committed to a transparent electoral process under judicial oversight. Cloud Innovation endorses fair election procedures that respect the rule of law, and we stand ready to support the Official Receiver in ensuring that the upcoming AFRINIC elections are free of irregularities and truly reflect the will of legitimate members.”
Cloud Innovation calls upon AFRINIC’s management, members, and the global Internet community to join in upholding these legal clarifications. The company emphasizes that abiding by the Court’s directives – recognizing only duly admitted members, prohibiting unauthorized IP allocations, and respecting ICANN’s neutral role – will create the conditions for a credible election and the restoration of trust in AFRINIC’s governance. Transparency and the rule of law must remain the guiding principles as AFRINIC prepares to elect a new Board. Cloud Innovation will continue to act openly and lawfully, in full view of regulators, courts, and the community, to ensure AFRINIC’s revival as a stable and accountable Regional Internet Registry.
Ends
Enclosed: Court order attached /
Transcript attached