[afnog] Fwd: [members-discuss] Letter of Concern - Council of Elders
Amin Dayekh
admin at megamore.ng
Wed Jun 25 16:08:22 UTC 2025
shared from another list
---------- Forwarded message ---------
From: Amin Dayekh <admin at megamore.ng>
Date: Wed, Jun 25, 2025 at 4:22 PM
Subject: Re: [members-discuss] Letter of Concern - Council of Elders
To: Dr. Viv Padayatchy <viv.padayatchy at cybernaptics.mu>
Cc: Vikash Dabee <gdabee at gdriches.mu>, Maye Diop <mayediop at gmail.com>,
AfriNIC Discuss <members-discuss at afrinic.net>, Nii Quaynor <
nquaynor at gmail.com>
Dear CoE and AFRINIC Community,
Thank you for this letter, and hopefully, a stitch in time would save 9.
In my view, the conduct of the 2025 AFRINIC Board Elections has raised
grave legal, procedural, and ethical concerns that cannot be ignored, as
evident from the list here and the Statements everywhere, and add to the
news from Mauritius. In my personal view, below is a series of
irregularities that threaten the legitimacy of this election and AFRINIC’s
future as a credible Regional Internet Registry (RIR).
*1. CONFIRMED REPORTS OF POLICE COMPLAINTS REGARDING FRAUDULENT BALLOTS *
*https://lexpress.mu/s/plaintes-a-la-police-pour-manipulation-grave-546695*
<https://lexpress.mu/s/plaintes-a-la-police-pour-manipulation-grave-546695>
It is now publicly acknowledged that formal complaints have been submitted
to the Mauritius Police regarding allegations of fraudulent use of Powers
of Attorney (PoAs) during the in-person voting process on 23 June 2025.
These complaints allegedly include:
- Votes cast on behalf of members without proper authorisation,
- PoAs presented by individuals unknown to the organisations they
purported to represent,
- In at least one case, ballots were cast before the rightful
organisation even arrived at the venue.
*Legal Relevance*:
- Companies Act (Mauritius) §117–121 requires the lawful execution and
submission of proxies.
- Bylaws 12.10(ii) mandates that directors be elected by legitimate
member participation.
- Mauritius Penal Code Articles on forgery and impersonation may apply
if false documents were used to influence an election outcome.
*2. BALLOT COUNTING HAS PROCEEDED DESPITE THESE ALLEGATIONS*
Despite the severity of these accusations and the visible suspension of the
election on 23 June, AFRINIC resumed vote counting without:
- Publishing any incident report or record of electoral suspension
causes.
- Confirming whether contaminated ballots have been quarantined;
- Allowing observers or livestreams, as was previously committed;
- Informing members whether votes under police investigation are still
being counted.
This is a fundamental breakdown in procedural justice and transparency.
*3. DISENFRANCHISEMENT OF THE ENTIRE CLASS OF RESOURCE MEMBERS*
It has also emerged that members registered post-2023 were systematically
excluded from voting, despite:
- Being in good standing,
- Fulfilling all resource obligations,
- Having received no formal resolution or policy change restricting
their rights.
*Violation of AFRINIC Bylaws*:
- *Clause 6.3* guarantees the right to vote to all resource members,
without arbitrary cutoff or exclusion.
- No published Board or AGMM resolution exists to justify this
disenfranchisement.
The silence surrounding this exclusion is legally and morally indefensible.
*4. BREACH OF AFRINIC’S GOVERNING INSTRUMENTS*
The election, as executed, is *non-compliant with core legal frameworks*,
including:
- *AFRINIC Bylaws Clause 11.7*: No community-wide resolution of 75%
majority exists to approve this process instead of a proper AGMM.
- *Insolvency Act (Mauritius) 198–202*: While an Official Receiver (OR)
may assume control, that power *does not supersede the core democratic
rights of members* or justify governance by secrecy. This is one of the
reasons we always asked for Court Approvals, Transparency, and
communication with the Members.
- *Companies Act 115 & 126*: Any suspension, variation, or bypass of
voting rights must be published, minuted, and adopted by the general
membership.
*5. THE COMMUNITY MUST INSIST UPON*
Given the above, I respectfully call on the AFRINIC community to:
1. *Demand the immediate suspension of ballot counting and result
certification* until all complaints are resolved, apparently, the AG
office is handling the matter and the article above cites Minister also
denounce "The Ministry denounces this haste and this desire to ignore an
ongoing police investigation, especially since members are pointing to the
opaque conditions under which the counting is currently taking place within
the office of the Receiver, Mr. Gowtamsingh Dabee.".
2. *Insist that no election results be certified while votes under
criminal investigation remain in the pool.*
3. *Publish the names of all PoA-based voters and allow community
vetting of validity.*
4. *Demand a complete, transparent incident report on the 23 June
suspension, to be co-signed by independent observers.*
5. *Restore voting rights to members registered post-2023 and clarify
the basis of their exclusion.*
6. *Grant Resources to Members who have officially paid but have not
received their resources yet.*
It is my view that this is a test of AFRINIC’s soul: whether we are a
*member-driven,
policy-governed institution, *or a failed governance experiment, vulnerable
to manipulation, opacity, and capture not from one entity but from multiple
entities.
Amin Dayekh
On Wed, Jun 25, 2025 at 1:24 PM Dr. Viv Padayatchy <
viv.padayatchy at cybernaptics.mu> wrote:
> Dear Official Receiver,
>
>
>
> The Council of Elders (CoE) is deeply concerned by the serious and
> credible issues that have been raised regarding the transparency, fairness,
> and overall integrity of the ongoing AFRINIC electoral process.
>
>
>
> In light of these concerns, the CoE respectfully calls upon the Nomination
> Committee, the Election Committee, and your office to pause the current
> election. We believe that a temporary suspension will allow for a thorough,
> impartial, and transparent resolution of all outstanding matters, thereby
> preserving the credibility of AFRINIC’s governance framework.
>
>
>
> Our intention is not to disrupt the process, but to safeguard its
> legitimacy. AFRINIC plays a pivotal role in managing Africa’s internet
> infrastructure, and it is imperative that its leadership reflects the
> authentic will of its members—free from doubt or dispute. A flawed process
> risks not only undermining the election outcome but also damaging the trust
> and confidence essential to AFRINIC’s stability and long-term success.
>
>
>
> We remain committed to supporting any effort that reinforces the integrity
> and cohesion of the AFRINIC community.
>
>
>
> Yours sincerely
>
> COE
>
>
>
> Dr. Nii Quaynor
>
> Mrs Maye Diop
>
> Mr Pierre Dandjinou
>
> Dr Christian Bope
>
> Dr Viv Padayatchy
>
>
>
>
>
>
>
> *Group Executive Chairman*
>
> <https://cybernaptics.mu/>
>
> * | *
>
> *Mauritius <http://www.cybernaptics.mu/>*
>
> *T:*
>
> +230 206 3950
>
> *DID:*
>
> +230 206 2060 <+230%20206%202060>
>
> *M:*
>
> +230 5728 0820 <+230%205728%200820>
>
> *E:*
>
> info at cybernaptics.mu
>
>
> Freeport Zone 5 Mer Rouge,
> Port Louis | 11609
> Mauritius
>
> *| *
>
> *Kenya <http://www.cybernaptics.africa/>*
>
> *T:*
>
> + 254 733 444 009
>
> *E:*
>
> info at cybernaptics.africa
>
> * | *
>
> *Madagascar*
>
> *T:*
>
> + 261 207 918 306
>
> *E: *
>
> info.mada at cybernaptics.mu
>
> <https://www.facebook.com/cybernapticsltd>
>
> <https://www.linkedin.com/company/cybernaptics-ltd/>
>
> <https://www.youtube.com/watch?v=1JkIWjD4XBs&feature=youtu.be>
>
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>
> <https://cybernaptics.mu/>
>
>
> _______________________________________________
> Members-Discuss mailing list
> Members-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/members-discuss
>
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