[members-discuss] Clarifications on NRO Letter to Mauritian Government

Hi Randy,

> there are two parts to the mess; the first is the case against CI; which
> really is just a matter of how the court in mauritius wants to interpret
> the RSA.  IANAL, so my opinion amounts to zippo.  it really is just a
> case of arguing the legal semantics.

Indeed. There are many factors there, including whether AFRINIC is seen as a monopoly and if any restrictions that the RSA places in addition to the bottom-up policies are considered valid or onerous by the court etc etc etc. That is the most dangerous aspect of these cases in my view, as that may say something about the other RIRs as well. And I have no idea how this will turn out. IAANAL.

> unfortunately, the second part of the mess is the fault of several
> afrinic directors.  they did themselves and the community no favors;
> from passing resolutions for which they did’t have authority, to trying
> to force the electoral process; they’ve managed to incense even
> otherwise supporters of afrinic.

Yep, me included. 

> and worse, they’ve created easy
> materials for CI and their hoodlums to take to court, to show that the
> board (ergo organisation) is corrupt.  all of this should be separate to
> the main case of course, but in their propaganda, they easily smudge the
> lines ...  noise and confusion to muddy all issues and obscure truth.

The court cases about the board misbehaving don’t seem completely unreasonable, as far I can see based on the laws and bylaws. IANAL, but there were some quite clear rules in the bylaws that don’t seem to be followed.

> eddy’s has taken a really positive step forward; the most recent "case"
> against afrinic asking to have the court appoint four new directors so
> the board has a quorum and can clean the mess up; (hopefully) not bound
> to the cloud innovation paid shill money chain.  then they can move
> afrinic forward.

I don’t agree with you here. Asking an ITU partner organisation to appoint directors in an RIR, vs using a bottom-up process, doesn’t seem like a step forward to me.

>  the CI cesspool’s latest noises about eddy being
> suspended are false; due to lack of a board quorum, he can’t execute
> ex-officio director duties, particularly regarding the injunctions that
> were sought against afrinic.  he is not suspended as ceo; that is bs
> propaganda.  as he is prevented from acting effectively, he is on a
> previously planned vacation though.

Yeah, the wording got very much abused there. The board has a quorum problem, but Eddy is still the CEO.

Cheers,
Sander