[Community-Discuss] Board response to community questions

[Bope Christian]

Dear Andrew and Community,

In your message on 22 June 2018 <https://lists.afrinic.net/pipermail/community-discuss/2018-June/002482.html <https://lists.afrinic.net/pipermail/community-discuss/2018-June/002482.html>>, you asked several questions.  Here is the reply from the Board to questions a, e, and f.  The CEO has agreed to respond to the other questions by the end of next week.

QUESTION A: AGMM Quorum

Question:
What is the board doing about the fact that the organisation cannot - by the bylaws - elect directors - and without elected directors cannot get a quorum to host another AGMM - which is a statutory requirement under Mauritian law

Response:

The Board started considering this issue during a meeting on 12 May 2018.  We believe that the situation is manageable.  One possibility is that the court could be approached in terms of article 118 of the Companies Act of Mauritius, to allow an AGMM to be held under modified quorum requirements.  The Board will continue to consider the issue and will communicate more details in due course.

QUESTION E: Code of Corporate Governance

Question:
Why does the organisation refuse to bind itself to compliance with the Mauritian code of corporate governance

Response:

The Code of Corporate Governance For Mauritius applies to public sector companies, and to companies that fit the definition of “Public Interest Companies”.  AFRINIC does not fit the definition and is not required to comply.  Although AFRINIC is not required to comply, AFRINIC attempts to comply with all eight of the compulsory principles in the Code.  The Board recognises that the additional optional guidelines in the code contain many ideas for possible improvement.

QUESTION F: Competition Commission

Question:
What is the status update of the competitions tribunal enquiry

Response:

The CEO and legal Adviser have met with the Competition Commission to discuss the inquiry.  We are waiting for approval from the Competition Commission before a report can be released.

Best Regards,
Christian D. Bope, PhD
Chairman, AFRINIC Board

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