While I have almost infinite sympathy for the staff involved in operations and considerable sympathy for the CEO the lack of particulars and the organizations inability to navigate "legal" waters is frankly intolerable.
As indicated yesterday the afternoon engagement session in Jhb, while fruitful, showed the starkness of the governance issues and the disregard for members (and frankly staff who were unfairly sent out to be thrown under the Gautrain and tommorow hope that our Cape Townian colleagues aren't inclined to find a MyCiti) It would be my proposal that if - as appears likely - an injunction precluding the holding of the AGMM as set out in the defective agenda has been granted on a nisi basis (the court requiring Afrinic to show cause why a temporary order is not made permanent) , that rather than running the clock and hoping to get away with an AGMM or some reprieve judicially (satisfying the court on the eve of the meeting that the meeting must happen or the interests of justice makes it better to proceed with the meeting) that the AGMM as scheduled be abandoned and associated events not affected by the order be able to continue (my hunch is that the PPM would be under the umbrella challenged). Most importantly that the board and management avail themselves to engage both publicly and privately with members during the period when some members will be in Mauritius. I will be re-checking the bylaws but I am quite sure the Board can call an SGMM at any time (and must if 5% of members call for one). It is high time that the membership be engaged as to the repeated legal bunglings to ascertain whether the company needs to secure different external counsel or whether internal counsel or the Board are ignoring external advise. Those of us who would like to see a functioning Afrinic do not want matters to end with a liquidation but if the Board behaves like Afrinic is above the law and its members then liquidation will be the only course eventually (hopefully operational staff can be transferred to another RIR and an arrangement for same to have a contact point in Mauritius can be arranged). The sooner this reality is understood the sooner the course correction can happen. Nothing will be worse for those members who have incurred expenditure to attend the events to arrive at the venue and find that the sheriff has locked the doors to the venue (while Mauritius practice may be a little different to SA - or anywhere else - when voluntary member organizations break their own bylaws and intend holding an irregular meeting things can get messy and on the morning of a elective conference venues have been locked, chairs get thrown and general animosity ensues). I really doubt Afrinic will be refunding flights... More importantly so long as the is uncertainty plans by members can't be changed or made. Paul >> Dear Resource Members, There has been some discussion about the upcoming election on the list. Before the Board was able to finalise its response on the raised concerns, we were served this afternoon with an interim order concerning the elections. The interim order is prohibiting AFRINIC from proceeding further with the election of its board. The legal team is preparing our response in court and we will keep our members informed with the developments . Kind regards, Eddy Kayihura Chief Executive Officer
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