Re: An update on the AfriNIC situation

[Owen DeLong via NANOG <nanog () nanog org>]

> On Aug 28, 2021, at 10:02 , Masataka Ohta <mohta () necom830 hpcl titech ac jp> wrote:
>
> John Curran wrote:
>
> > Indeterminate at this time, since a “Freezing Order" issued via ex
> > party hearing doesn’t actually test the strength of the arguments, as
> > the affected party is not present to respond.  It is only when the
> > case for the validation of the order is heard that the strength of
> > the arguments could possibly be assessed.  Note - the full list of
> > cases filed are here <https://afrinic.net/court-cases
> > <https://afrinic.net/court-cases>> for reference.

I believe John is referring to the original ex parte order. However, this
ignores that AFRINIC got a hearing on the merits when they sought a
variance to the order. As AFRINIC announced, they did not get the
variance they sought, though the judge did grant them access to some
limited funds on a one time exceptional basis. Therefore, the implication
that the merits have not been evaluated is not entirely true.

> Then, several years will be lost if we wait Mauritius court
> settle the issue.
>
> A quick fix for the international internet community can be to
> abandon AfriNIC and establish, outside of Mauritius, a new entity,
> which may employ current AfriNIC employers, recognized by the international internet community.

I think this would be complicated and that the Mauritius court might take
a dim view of the assets fo AFRINIC trying to leave the country in the
dead of night to avoid court proceedings.

Owen