[Community-Discuss] Will the AGMM still be held as scheduled, if not can an SGMM or further information and engagement session be held on those dates?

[Paul Hjul]

While I have almost infinite sympathy for the staff involved in operations
and considerable sympathy for the CEO the lack of particulars and the
organizations inability to navigate "legal" waters is frankly intolerable.

As indicated yesterday the afternoon engagement session in Jhb, while
fruitful, showed the starkness of the governance issues and the disregard
for members (and frankly staff who were unfairly sent out to be thrown
under the Gautrain and tommorow hope that our Cape Townian colleagues
aren't inclined to find a MyCiti)

It would be my proposal that if - as appears likely - an injunction
precluding the holding of the AGMM as set out in the defective agenda has
been granted on a nisi basis (the court requiring Afrinic to show cause why
a temporary order is not made permanent) , that rather than running the
clock and hoping to get away with an AGMM or some reprieve judicially
(satisfying the court on the eve of the meeting that the meeting must
happen or the interests of justice makes it better to proceed with the
meeting) that the AGMM as scheduled be abandoned and associated events not
affected by the order be able to continue (my hunch is that the PPM would
be under the umbrella challenged).
Most importantly that the board and management avail themselves to engage
both publicly and privately with members during the period when some
members will be in Mauritius.

I will be re-checking the bylaws but I am quite sure the Board can call an
SGMM at any time (and must if 5% of members call for one). It is high time
that the membership be engaged as to the repeated legal bunglings to
ascertain whether the company needs to secure different external counsel or
whether internal counsel or the Board are ignoring external advise.
Those of us who would like to see a functioning Afrinic do not want matters
to end with a liquidation but if the Board behaves like Afrinic is above
the law and its members then liquidation will be the only course eventually
(hopefully operational staff can be transferred to another RIR and an
arrangement for same to have a contact point in Mauritius can be arranged).
The sooner this reality is understood the sooner the course correction can
happen.

Nothing will be worse for those members who have incurred expenditure to
attend the events to arrive at the venue and find that the sheriff has
locked the doors to the venue (while Mauritius practice may be a little
different to SA - or anywhere else - when voluntary member organizations
break their own bylaws and intend holding an irregular meeting things can
get messy and on the morning of a elective conference venues have been
locked, chairs get thrown and general animosity ensues). I really doubt
Afrinic will be refunding flights... More importantly so long as the is
uncertainty plans by members can't be changed or made.

Paul

>>

Dear Resource Members,

There has been some discussion about the upcoming election on the list.

Before the Board was able to finalise its response on the raised concerns,
we were served this afternoon with an interim order concerning the
elections.

The interim order is prohibiting AFRINIC from proceeding further with the
election of its board.

The legal team is preparing our response in court and we will keep our
members informed with the developments .

Kind regards,

Eddy Kayihura
Chief Executive Officer
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