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

[Noah]

Paulo...(Paul in Swahili)

Your emails are often too long and extremely repeative with a lot of
countless assumptions and wild accussations. Vicious attackers now?
Phew..... Poor Paulo.

Anyhow...Lets just says that all the countless Interim Injunctions while
they continue to create room for delays by you guys.....in the end, the
courts will have to invite the relevant parties to present their case
subject to the main original appeal that bore all the pointless tactical
ex-parte applications and the subsequent countless temporary orders.

I shall echo a line from one of the rulings... "The Courts are not a debate
club".

Cheers,
Noah

On Fri, 17 Jun 2022, 16:13 Paul Hjul, <hjul.paul at gmail.com> wrote:

> I am again at a loss as to whether you are being ignorant or disingenuous.
> For present purposes though lets assume that what you are trying to say is
> "but its an interim order"
>
> The meaning of interim isn't really difficult. Of relevance is that an
> interim order has effect. The website was updated since the order was
> granted and is updated regularly. I can understand not changing letterheads
> to indicate a change of something by virtue of an interim order but on the
> language of the order given by the Company additional rather than less
> caution is called for. Are you trying to say that because it is an interim
> order that it will lapse and so the Company should just wait it out? That
> sort of attitude is exactly what gets contempt proceedings happening and is
> a prime example of why Afrinic needs to stop allowing itself to be
> influenced by the brigade whose sentiment is to promote lawlessness. The
> fact is that right now and until the court makes a further decosopm
>
> Do you really want Afrinic to function without a board that can't muster
> quorum for the next three months? Remember the second part of the order
> precludes vacancies being filled. So unless the court appoints directors
> you have a company of the nature of Afrinic with three directors. Most
> immediately I am trying to figure out how the Company is able to take a
> decision to defend the matter in a period of time during which no board
> meeting could be held, postponed for a day and resolved to oppose. The fact
> that the opposition is irrational and digs a deeper hole is a second
> problem, and based on the fact that of the three people one voted against
> the unlawful extension it will be impossible to argue that it is a
> rationally made and considered decision. More likely than not no actual
> thought, minuted and considered decision is made. But website conveys that
> its been decided to "resist" an application that stops the board from
> having somebody whose term ended from through coup keeping their spot
> (again the term coup is from a member of the board at the time, its not my
> characterization)
>
> Even if - and there are for reasons already canvassed a lot of reasons why
> the argument allowing for a reduced quorum to meet is a really weak
> position to take - an ability under the Bylaws to convene a meeting, not
> have quorum and work with the reduced quorum of 3 the exercise involves
> postponements, minuting and all manner of opportunity to trip up. It is
> most probable that the meeting held after the AGMM will be set aside if
> anybody asks for it to be so set aside by a court - - unfortunately the
> minutes are not yet posted if for no other reason than the board was
> woefully malformed at the time of the meeting and somebody not properly on
> the Board was appointed vice-chair. One simple question is why should a
> person have to get the brazenly unlawful resolution set aside and why
> should the Company end up liable for those costs. The directors of the
> Company and its advising staff have a fiduciary duty not to waste the
> Company's money by litigating in support of the indefensible.
>
> Unless the three individuals who would make up the board are going to put
> the interests of the Company and the interests of the members ahead of some
> misguided rot that plagues the organization and actually sit down with
> legal representatives with a view to getting the Company back on track
> (rather than how to spend insane amounts of money on fruitless and wasteful
> defending the indefensible) things aren't going to get better. The
> membership rejected the financial statements and there are no appointed
> auditors.The suggestion on this list has been to relocate the company to a
> jurisdiction that would presumably turn a blind eye to the shanigans of the
> Company. As has been pointed out repeatedly in order for Afrinic to take up
> domicile elsewhere it would need to resolve the issues it has created for
> itself and remain solvent  or it would have to wind up and be
> re-established which would mean going through an ICP-2 like process.
>
> On the other hand if the registered members step out and have their
> lawyers say "it was wrong for the Company to act in bad faith, we have a
> fiduciary responsibility to ensure that the Company not persist in courses
> of action that is unlawful, we would like the courts and/or members to sort
> out the mess" not only would many members provide the Company with
> considerable assistance but within a matter of days a lawful and rational
> path forward will be plotted together, rather than what is likely to be at
> least two years of continued ugliness - the sort of ugliness that hinders
> investment in infrastructure which is the main obstacle to
> increasing connectivity in Africa. Even if they simply came out and said
> "the unlawful purported extension was wrong and we need the consequences of
> that to be sorted out" (and remember of the 4 directors . The problem quite
> simply is that because they know that people like you will viciously attack
> them if they were to do the right thing and this is the heart of the
> problem at Afrinic.
>
> On Thu, 16 Jun 2022 at 21:16, Noah <noah at neo.co.tz> wrote:
>
>>
>> On Thu, 16 Jun 2022, 17:42 Paul Hjul, <hjul.paul at gmail.com> wrote:
>>
>>> Considering that its been a day since the order
>>>
>>
>> https://dictionary.cambridge.org/dictionary/english/interim
>>
>> Noah
>>
>
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