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

[Sylvain Baya]

Dear AfriNIC's Community,

Hope this email finds you in good health!

Please find my comments below, inline...

Le vendredi 17 juin 2022, Paul Hjul <hjul.paul at gmail.com> a écrit :

> 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"
>
>
>

Hi Paul,
Thanks for your email, brother.

...while reading your numerous long emails, i still
 don't understand why you seem to essentially
behaving in support of a rioting activity started against both this RIR &
the whole INRS (Internet
Numbers Registry System - RFC7020).

BtW,
<paste>
"The term interim order refers to an order issued
by a court during the pendency of the litigation.
It is generally issued by the Court *to ensure Status
 quo*. The rationale for such orders to be issued by
 the Courts is best explained by the Latin legal
maxim "Actus curiae neminem gravabit" which,
translated to English, stands for "an act of the
court shall prejudice no one". Therefore, to ensure
 that none of the interests of the parties to the
litigation are harmed, the court may issue an
interim order."
</paste>
__
[1]: https://en.wikipedia.org/wiki/Interim_order#:~:text=The%20te
rm%20interim,an%20interim%20order.



>
>
> The meaning of interim isn't really difficult.
>
>
Right!
Please see above, brother.



>
>
> Of relevance is that an interim order has effect.
>
>

It's meant to maintain a kind of status quo; while
trying to protect both parties.



>
>
> 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.
>
>

...i understand that, even in war times, there is a
thing called "rules"; but, really, who usually care?



>
> 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.
>
>
>

Paul, you wrote such a long email, after that our
common brother replied to your email with an URI
containing a simple definiting of a word which
appeared in your email...

How come that you reply...with such a long email,
full of guesses? :'-(



>
> The fact is that right now and until the court makes a further decosopm
>
>
>

You couldn't play in both sides, brother :'-(

...the opposite camp would defend against any  adversary attacks; with
their means, and you can
 not, really, play on behalf of your adversaries :-)

And, about the purpose please, wisely choose
your camp! i mean, it's not too late, though...

"◄ Ecclesiastes 3:1 ►
To everything there is a season, and a time for every purpose under heaven:"

__
[2]: https://biblehub.com/crossref/ecclesiastes/3-1.htm#:~:text=T
o%20everything%20there,purpose%20under%20heaven%3A



>
> 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.
>
>


Brother you certainly remember the story of court
 order served to prevent AfriNIC to use any of their
bank accounts...

Are you really celebrating victory before the end
of that machiavelous war?

Please, tell the rioters to don't try to *sell* this
RIR's service region IPv4 pool for out of region
use; before having shutdowned the RIR, *bought*
its community and fully replaced the global INRS...



>
> So unless the court appoints directors you have a company of the nature of
> Afrinic with three directors.
>
>
>

...so! there is still a way around; as the MU's 2001  company act is not
silent on that topic. But, you
should keep in mind the spirit of *interim orders*.



>
>
> 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)
>
>
>

Various types of coup could be orchestrated by
an adversary party; and any curious observer, of
 AfriNIC's actual experienced challenges, might
easily understand what is at stake and who are
those who contribute to support what appears
to be the really dangerous party at time...



>
> 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.
>
>
>

...i thaught that the very AfriNIC's RM which is
pouring huge amount of money in attempting to
 destroy a non profit company which enriches it;
 would have been recognizant enough to invest
back in building some needed open Internet
Protocol based infrastructures accross Africa...

...and perhaps to lead IPv6 deployment accross
AfriNIC's service region? :'-(

Question: If an LIR doesn't have an ASN, isn't that
a red signal (no BGP network) about its intent to
deploy no single infrastructure within the region?
:-/

Anyone willing to address this *problem*, through
the PDWG (Policy Development Working Group),
can freely join me in co-authoring a DPP (Draft
Policy Proposal) to be submitted soon.

A normal LIR (Local Internet Registry) holding
such a huge amount of IPv4 resources would
have been a natural source of various investments
within the region associated with the RIR (Regional
 Internet Registry) which allocated those Internet
number resources. But that very AfriNIC's RM
seems to prefer to waste its money, gained in
exploiting (out of region) those IPv4 resources,
to fight AfriNIC; while attempting to corrupt this
RIR's community, the other AfriNIC's RMs and the
entire INRS' community... :'-(

...*investing*, an apparently unlimited budget, in
numerous litigations against a non profit, while no
 record of infrastructural investment accross that
RIR's service region seems to exist...

As i might have been wrong from the beginning...
then, please, brother feel free to correct me.

Remain blessed!

Shalom,
--sb.



>
>
> 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
>>
>

-- 

Best Regards !
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