[afnog] [members-discuss] Notice of Appointment of Receiver (pursuant to Section 187 of the Insolvency Act 2009) - Ref: AFRINIC Board Election Process and Compliance with Bylaws

[Seun Ojedeji]

Hi Noah,

I will just make one long general comment. Please see inline.

----
Sent from my mobile
kindly excuse typos

On Wed, 27 Aug 2025, 4:49 pm Noah, <noah at neo.co.tz> wrote:

>
>
> *PS: *To set the record straight, the ongoing election process is not
> consistent with the spirit of the Bylaws in our humble opinion.  PLEASE
> TAKE NOTE.
>
> NOTE: The underlying problem statement that led our RIR - AFRINIC to be
> put under receivership was that the company lacked a board and a CEO.  In
> fact it had directors but they were not enough in terms of numbers to
> quorate a board. The Bylaws as is, can fix this problem statement without
> constitutional violations.
>

SO: It is not practical and actually impossible for any process to be 100%
inline with the bylaw in the current situation. As per the bylaw there are
actually no director at the moment for AFRINIC since they already served
their respective "indicative" terms. I was a strong proponent that the
stargardness of the seat could be fixed even with this current election but
nomcom seem to believe otherwise which is okay.

I also find the idea of NOMCOM regionalising nomination process to be
strange and uncalled for because on the Board there is no regionalisation.
However, since the bylaw allows them to determine election/nomination
guidelines, and the idea is not actually destructive, I can live with that
so that we can move forward.

Unless there are other "devil in the details" that I am not aware of but so
long as the current process of nomination and election is transparent
enough and makes sense, I believe we should proceed. I expect that the new
board once constituted will call for sgmm or AGMM as the case may be to
address any outstanding issues especially that of term Staggering. We
cannot continue to go in circles, the world may soon get tired of our
nagging!

Regards


> Cheers,
> *Noah Maina*
>
>
> On Mon, Feb 17, 2025 at 4:17 PM AFRINIC Communication via Announce <
> announce at afrinic.net> wrote:
>
>> *AFRICAN NETWORK INFORMATION CENTRE (AfriNIC) Ltd (In Receivership)*,
>> previously represented by the Official Receiver and having its registered
>> office at 11th Floor, Standard Chartered Tower, Ebene, Mauritius
>> (the Company)
>>
>> I, Mr. Gowtamsingh DABEE ACA FCCA ADIT MBA, a registered insolvency
>> practitioner, of GD RICHES Chartered Accountant 5th Floor Green Cross
>> Building Belle Rose Quatre Bornes, give notice that on 12th February 2025
>> at 1430, I have been appointed Receiver of the above Company in lieu and
>> instead of the Official Receiver pursuant to a Court Order issued by the
>> Bankruptcy Division of the Supreme Court in application bearing cause
>> number SC/COM/MOT/000082/2025 having as aim mandate to secure the assets of
>> the Company *and to see to it that the Company’s board is reconstituted
>> in accordance with its Bylaws. *
>>
>> Gowtamsingh Dabee
>>
>> Registered Insolvency Practitioner
>>
>> Tel:52579194
>>
>> E: gdabee at gdriches.mu
>>
>> This 14th February 2025
>> _______________________________________________
>> Announce mailing list
>> Announce at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/announce
>>
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>
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