[Community-Discuss] South Africa ISPA Statement on Recent AFRINIC developments

Paul Hjul hjul.paul at gmail.com
Tue Aug 3 08:15:34 UTC 2021


Only because the remark responded to is a repetition of
something profoundly wrong that keeps getting repeated



> You and I both know that no such judicial order would ever have been

> issued by any U.S. court,



take it you have not read *United States ex rel. Rahman v. Oncology
Assocs.*, 198 F.3d 489 (4th Cir. 1999)
or regard New York, California and Texas as not being within the set "any
U.S. court"

Even Afrinic is admitting that the relief of a Mareva Injunction is not a
peculiar feature of Mauritius's legal system.

There are many courts where arriving at a return hearing with one of your
legal representatives missing and the organization being in default of an
order made and properly served would see the CEO in pretty deep hot water
if not a Turkish jail. The only reason the restraint "threatens" the
existence of the organization is because the organizations finances have
not been arranged in a proper way. You need to ask the most recent
chairperson of the finance committee of the organization why that is.
Rather than looking to change jurisdictions for Afrinic get rid of some
dangerous dead wood inside the organization

I am also increasingly suspecting that a language or numbering conversion
error and that the amount of 1.8 billion dollars is an urban legend. This
is in part because you don't secure assets of 50 million dollars to cover a
claim of 1800 million dollars. 180 million dollars makes sense as
representing a prevailing anticipated market rate of 30 USD on 6 million
addresses.
This would mean that a reasonable offer on the claimed basis could be as
low as 80 million USD
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