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

Hi Randy:

The very base of your Email is factually wrong.

The very fact that Cloud Innovation just won a judgement on a
preliminary point raised BY AFRINIC means it was AFRINIC delayed case to
this day.

https://cloudinnovation.org/press-release5.html

"An interlocutory judgment was delivered by the Honourable Judge in
Chambers of the Supreme Court of Mauritius on 19 July 2022 in favour of
Cloud Innovation,* setting aside the preliminary objection raised by
AFRINIC.* "

And since the base of your argument that "cloud innovation trying to use
delaying tactics" is factually wrong, the rest of your assumption follows
that base is naturally wrong.

If you call Eddy's action of asking the Telecommunication Union to appoint
the director of RIR and in the attempt to bypass the member based election
as "positive step", then I believe you and I's ideology are so far apart
there is not much for us to discuss.

I still believe, and hope, the global RIR community will not abandon its
funding principles, bottom up, and community driven.

If you would like to join Eddy's new initiative of joining the government,
appoint RIR directors with attached immunity to protect its illegal action
from rule of laws, and turn RIR into what ITU once proposed as an
intergovernmental body, you are welcome to state it publically.

As for suspension, the law is clear:

https://www.mcci.org/media/35749/the-companies-act-2001.pdf

Managing Director

(a) The directors may appoint one or more members of the Board to the
office of managing director for such period and on such terms as they think
fit and, subject to the terms of any agreement entered into in any
particular case, may revoke that appointment.
*(b) Where a managing director ceases to be a director for any reason
whatsoever, his appointment shall automatically lapse.*




On Wed, Jul 27, 2022 at 9:02 PM Randy Bush <randy at psg.com> wrote:

> < opinion, with words borrowed from african sources >
>
> as americans, we are still learning to read through the falsehoods and
> propaganda.  as is said of trump and friends, the goal is to create
> enough noise and confusion to muddy all issues and obscure truth.
>
> 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.
>
> this case is being dragged out by CI, because as long as the case is
> "under review" they hold onto the questionable resources, can still
> monetise them, and use the monitisation to fund more legal action,
> noise, confusion, and propaganda.  while this is ongoing they can
> continue to launch their overfunded death by a thousand cuts attack
> against any and every other part of afrinic and on our cooperative
> culture in general.
>
> 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.  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.
>
> 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.  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.
>
> randy
>
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