Hi Elaine,
Speaking strictly in my personal capacity and not representing the bylaw review committee.
I do not believe the comments in this draft concerning section 7.7 are accurate.
Section 105 of the companies act of Mauritius states that where the shareholders (registered members) exercise a power to amend the constitution, this must be done by special resolution. It does not prohibit amendment of the constitution by other means. Effectively, if shareholders do this, these are the non-derogable rules. But I see nothing in the Companies Act that stops the constitution of a company from allowing amendment via other means.
Thanks
Andrew
On Thu, May 7, 2026 at 12:51 PM Elaine Zinn via zanog-discuss < zanog-discuss@lists.nog.net.za> wrote:
Dear ZANOG
AFRINIC is currently conducting a public review of its by-laws. ISPA requested its Mauritian lawyers to review the by-laws to ensure that they are consistent with the Mauritian legal framework and to identify potential changes that could protect AFRINIC from future legal challenges as much as possible.
A first draft of this review has been attached.
If you wish to provide additional comments to ISPA for consideration by the lawyers, please submit your feedback by no later than *09:00 tomorrow morning (2026-05-08). *The deadline for submissions to AFRINIC is *Sunday, 10 May 2026.*
Please note that members are also encouraged to make their own submissions to AFRINIC: https://afrinic.net/community-consultation-review-bylaws
Kind regards
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