<html><head><meta http-equiv="content-type" content="text/html; charset=utf-8"></head><body style="overflow-wrap: break-word; -webkit-nbsp-mode: space; line-break: after-white-space;"><div>Dear Resource and Community Members,<br><br> This is in response to Mr Moonesamy’s recent claim of being a Registered Director and an office bearer at AFRINC on the AFNOG Mailing list dated 3 August 2025 and subsequently shared on the Members-discuss list. I am hereby advised of the following about Mr Moonesamy’s tenure.<div><br> • A judgment of the Supreme Court 12 September 2023 stated the following -"<b>having regards that on the 18th of September, 2023, the directorship of those four directors will come to an end</b>". Mr Moonesamy was one of those four directors.</div><div><br> • Furthermore, the judgment of the Court of Civil Appeal dated 15 October 2024 contains the following: "<b>Sections 132 and 140 of the Companies Act, cited to us by Counsel, do not find their application to the facts of the present case. Section 132 states that “[a] company shall have at least one director who shall be ordinarily resident in Mauritius”, whereas section 140(1) provides that “[w]here a company has only one director, that director shall not resign office until that director has called a meeting of shareholders to receive notice of resignation, and to appoint one or more new directors.” We are in neither situation and we need say no more. The submission that “[t]he Constitution of AfriNIC…provides that the directors remain on the board until and unless the next annual general members meeting has been held” is accordingly untenable</b>.”</div><div><br> • Based on the above Court judgments, Mr. Moonesamy’s directorship lapsed as of 18 September 2023, as confirmed by the Court of Civil Appeal on 15 October 2024.</div><div><br> • Hence, Mr Moonesamy does not have to resign when his office has been vacated by operation of law, or a judgment of a Court of Law. Acting against the Supreme Court’s judgment may expose Mr Moonesamy to contempt proceedings, particularly since the judgment dated 15 October 2024 is now final.</div><div><br> • 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.<br><br>I hereby advise AFRINIC Resource members and the community to take note of the above and abstain from endorsing any misinformation or misinterpretation concerning the current position adopted by Mr. Moonesamy, including any remarks on his tenure as a Director of AFRINIC and status as a Registered Member of AFRINIC.<br><br>For the avoidance of doubt, the above is not open to interpretation and/or subject to differing views. It is the position as stated by highest judicial authority in Mauritius and remains, to all intents and purposes, an undisputed fact.<br><br>Mr. Gowtamsingh DABEE<br>Receiver – AFRINIC Ltd.</div></div><div><br></div><div><br><blockquote type="cite"><div>On 3 Aug 2025, at 11:16, sm+afrinic@elandsys.com wrote:</div><br class="Apple-interchange-newline"><div><div>The Chair,<br>Internet Corporation for Assigned Names and Numbers<br>12025 Waterfront Drive, Suite 300<br>Los Angeles, CA 90094-2536, USA<br><br>Dear Ms Sinha,<br><br>I am listed as an office bearer and member of AFRICAN NETWORK INFORMATION CENTRE (AfriNIC) LTD (In Receivership). I was requested to attend a meeting with the Ministry of Labour (Republic of Mauritius) in respect to a matter pertaining to the AFRINIC in 2024. I was also requested to attend enquiries by other governmental agencies, including law enforcement, on matters pertaining to AFRINIC in 2024. Based on my understanding, the company would no longer be fulfilling one of the requirements in the law regulating it if I were to resign. I don't receive any remuneration from the company to do that. I have been paying for expenses incurred in connection with the business of the company out of my own pocket.<br><br>One of the points in the Court orders, dated September 2023, was: "And also to see to it that the election process as per the constitution of AfriNIC Ltd be carried out so that a proper board could be constituted and also for the appointment of the Chief Executive Officer". A new AFRINIC Nomination Committee 2025 was announced on 28 July [1]. The announcement list the names of six individuals. I was the Board representative on the 2018 Nomination Committee and 2019 Nomination Committee. Each of those Nomination Committee were constituted of four members (one of the members was the Chair of the committee) as that is the requirement in Article 9 of the Constitution of the company.<br><br>Each Registered and Resource member shall be entitled to vote to elect the directors of the company according to the Constitution of the company. I was listed in the records at the Registrar of Companies, Mauritius, as an office bearer and member last June. From what I understand, I am entitled to be given 21 days written notice. I had to insist, in the past, for a written notice to be sent to me. I did not receive any communication from the company when it held an election to reconstitute its Board.<br><br>Article 12.2 of the Constitution of the company has a requirement for written notice of the time, date and place of an Annual General Members' Meeting. The names of the persons who have been proposed to be elected as Directors were included in that notice for past elections as it is a requirement in the Constitution. As far as I am aware, the Constitution of the company does not have any provision for an election to be held outside of an Annual General Members' Meeting.<br><br>I lodged a case against the company in 2018 as the company was unable to fulfill the terms and requirements of Article 12.10 of its Constitution [2] for the 2019 Annual General Members' Meeting. If I am not mistaken, there is an article on alteration to constitution in the law regulating the company. It would be inappropriate, in my opinion, to alter any requirement in the Constitution of the company without the approval of 75% of the Registered and Resource members who are entitled to vote or as directed by a court of law.<br><br>Regards,<br>S. Moonesamy<br><br>1. https://lists.afrinic.net/pipermail/announce/2025/002477.html<br>2. https://afrinic.net/ast/pdf/SC-COM-MOT-01411-2018-redacted-20190423.pdf<br><br><br>_______________________________________________<br>afnog mailing list<br>https://www.afnog.org/mailman/listinfo/afnog<br></div></div></blockquote></div><br></body></html>