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

Noah noah at neo.co.tz
Wed Jun 15 21:34:14 UTC 2022

On Wed, 15 Jun 2022, 22:58 Paul Hjul, <hjul.paul at gmail.com> wrote:

> 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
> Louis)
> 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.

Often time you write very long contradictory emails to various Afrinic list
but you still ignored answering an email which Mr.John Curran the president
of ARIN asked you some week ago ...some very simple questions.

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