[Community-Discuss] Interim order of June 14th 2022

Paul Hjul hjul.paul at gmail.com
Wed Jun 15 19:52:54 UTC 2022

Hi Ish

Well no if Afrinic were subject to the laws of a different state the
litigation might fall away because of endemic corruption and political
malfeasance in that state. Mauritius is a proper jurisdiction (the country
is not perfect - I really wish I'd get to spend more time outside Port
What Badru is proposing is putting Afrinic in a position where it is not
subject to the rule of law. His clan of malcontents after inflicting
massive harm on the organization don't want the organization to operate
according to law and a rules based system. His entire outburst is
predicated on the idea that the court blocking somebody who is improperly
being treated as a director of a Company from so being treated is anything
other than the court doing its job. Don't blame the litigant or the court
for stopping a patent and severe illegality, blame those who knowingly were
breaking the law.

This is why Badru would be opposed to Delaware. I don't think Delaware is
the right jurisdiction for Afrinic because my understanding is even more so
than Mauritius Delaware is "management friendly" so for a members based
organization as opposed to a startup with a founder and management team in
which shareholder interests are served in a particular way. I'll have to
look it up by Switzerland might be the place more than Delaware except it
is expensive.

What you are right about is that the jurisdiction arrangement of an
organization like Afrinic shouldn't matter all that much because the
organization should function properly. It is probably worth pointing out
that this injunction confirms the fact that seat 6 has been improperly
occupied. With seat 5 and seat 6 wrongly listed in what the Company is
conveying as making up the board its very clear that the Board is
improperly constituted and what is more that the Board as constituted has
less than 5 members. In most jurisdictions this would be the point at which
shareholders meeting would be the natural course. I believe and am advised
that in Mauritius the company law would see the court appoint directors to
keep the company able to govern its own affairs. What will put an end to
the massive wastage of money on really disasterous litigation is a proper
dispute resolution process. Afrinic and the members of the board (the 4
persons holding seats on the misconstituted board) can all sit down and
take proper advise from persons who exercise a fiduciary responsibility
towards the lawful best interests of Afrinic and plot a way forward. The
problem for those persons is that Badru and his crew of malcontents will
attack them personally and viciously. The time for courage by four
individuals who have a fiduciary responsibility to the company to do the
right thing continues to be now. .

Message: 1
Date: Wed, 15 Jun 2022 23:07:46 +0400
From: Ish Sookun <ish.sookun at lasentinelle.mu>
To: Badru Ntege <badru.ntege at nftconsult.com>
Cc: AfriNIC Discuss <members-discuss at afrinic.net>
Subject: Re: [members-discuss] Interim order of June 14th 2022
Message-ID: <843EBCFD-B36F-4E6E-A4EA-5F53DD066F7F at lasentinelle.mu>
Content-Type: text/plain; charset="utf-8"

Hi Badru,

Having AFRINIC HQ in another country will not stop these legal disputes.



Ish Sookun

Systems Architect @ La Sentinelle Ltd
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