[afnog] Alteration of the Constitution of AFRINIC

[Noah]

Hi SM,

I would like to also point out that;

The Receiver's Mr.Dabee earlier response characterizing your listing as a
clerical issue not conferring legal rights does contradict Section 132 of
the Companies Act 2001 (Mauritius), which mandates that every company must
have at least one resident director. This requirement prevents the complete
removal of directors if it would leave the company non-compliant,
explaining the Company Registrar's rejection as I have read on the
attachment you shared of May 15, 2025, where the registrar of company
reasoned that "*LAST DIRECTOR/RESIDENT DIRECTOR CANNOT BE REMOVED BY THIS
OFFICE*." What about directors' liabilities, who bears them if one is being
kept on company records for "purely of an administrative nature" as per
Mr.Dabee response to you?

In any case, the Registrar informed the Receiver Mr.Dabee clearly of this
violation through that rejection notice, and the Receiver Mr.Dabee was
obligated to inform the court to resolve the conflict between the September
12, 2023, order terminating directorships and Section 132 of the Company
Act of Mauritius, potentially seeking a court directive for interim
compliance or board reconstitution.

Basically, the Judge was misled in the case that led to that ruling. The
Judge would have been informed that a Company incorporated in Mauritius can
never remain without a director. The Company act specific section is very
clear in the screen shot herein I have taken from that Act.
[image: act 132. one directors.jpg]
The question there is that; Was the Hon. Judge misled, I mean the
receivership came into effect when four directors were validly serving
their term as office bearers and registered members. What didnt exist was a
quorate board at the time. This is why an inspector is needed to look into
all these decisions.

In light of these developments, I have since written to the director of
Insolvency and the Registrar of companies to collaborate on all these
issues and it seems to me that Mr.Dabee has not been very transparent about
a number of issues beyond just board elections. I will send a separate
email to the members on that as I wait for the final response from the
office of the registrar.

Cheers,
*Noah Maina*



On Thu, Sep 4, 2025 at 3:18 PM <sm+afrinic at elandsys.com> wrote:

> Dear Sir/Madam,
> At 11:30 AM 05-08-2025, AFRINIC Communication wrote:
> >   • Insofar Mr. Moonesamy's name still
> > appearing in the records of the Registrar of
> > Companies, both the Registrar and her officers
> > have, on multiple occasions, been notified of
> > the judgments dated 12 September 2023 and 15
> > October 2024.  This is purely of an
> > administrative nature and does not confer any
> > powers and/or entitlement to Mr. Moonesamy.
>
> There is a screenshot of a letter at
>
> https://media.licdn.com/dms/image/v2/D4D22AQFL4cMYPPmIwA/feedshare-shrink_2048_1536/B4DZkQ3_2BHwA4-/0/1756924743237?e=2147483647&v=beta&t=W_31W2N4vyKq7qmPpmm_hbPWQX61gSbQlLOBGlJ6Cps
>
> The reason given (please see the screenshot) is
> that the application for removal of others - last
> director cannot be approved by this office.  The
> meaning of "administrative nature" is not clear
> to me.  I would be grateful if the company could clarify what that means.
>
> Regards,
> S. Moonesamy
>
>
> _______________________________________________
> afnog mailing list
> https://www.afnog.org/mailman/listinfo/afnog
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://www.afnog.org/pipermail/afnog/attachments/20250904/5ec2568d/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: act 132. one directors.jpg
Type: image/jpeg
Size: 20645 bytes
Desc: not available
URL: <http://www.afnog.org/pipermail/afnog/attachments/20250904/5ec2568d/attachment-0001.jpg>