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
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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Hi Elaine,
Again, I'm speaking purely in a personal capacity and not in any other official role.
The comment regarding section 10.2 of the bylaws I believe is severely problematic. The CoE is purely an advisory body, and should not have any powers granted to it. I suggest the better alternative is for the dispute to be resolved by board members who are not up for reelection. This removes the conflict issue while still leaving the dispute in the hands of the current directors.
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
zanog-discuss mailing list -- zanog-discuss@lists.nog.net.za To unsubscribe send an email to zanog-discuss-leave@lists.nog.net.za
this is strictly Zanog or we can contribute?
On Thu, May 7, 2026 at 10:51 AM 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
zanog-discuss mailing list -- zanog-discuss@lists.nog.net.za To unsubscribe send an email to zanog-discuss-leave@lists.nog.net.za
Anyone is free to configure suggestions on bylaw modifications and this can be done at:
https://forms.afrinic.net/brc-comment
I think the question asked by Elaine related to what ISPA plans to submit - but that is not to say you can’t make individual submissions, and the bylaw review committee would welcome any submissions people have.
Thanks
Andrew
On Thu, 07 May 2026 at 15:04, Amin Dayekh via zanog-discuss < zanog-discuss@lists.nog.net.za> wrote:
this is strictly Zanog or we can contribute?
On Thu, May 7, 2026 at 10:51 AM 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
zanog-discuss mailing list -- zanog-discuss@lists.nog.net.za To unsubscribe send an email to zanog-discuss-leave@lists.nog.net.za
zanog-discuss mailing list -- zanog-discuss@lists.nog.net.za To unsubscribe send an email to zanog-discuss-leave@lists.nog.net.za
On 7 May 2026, at 21:04, Andrew Alston via zanog-discuss wrote:
Anyone is free to configure suggestions on bylaw modifications and this can be done at:
https://forms.afrinic.net/brc-comment
I think the question asked by Elaine related to what ISPA plans to submit - but that is not to say you can’t make individual submissions, and the bylaw review committee would welcome any submissions people have.
i won’t claim to speak for ISPA and/or elaine, but it seems to me, that ISPA’s intent was to show gaps and/or inconsistencies between mauritian law, and afrinic’s bylaws. that, i think, was clearly stated in her message :-)
the CoE is not an inconsistency that relates to mauritian law. or, perhaps more accurately, is not one that the aforementioned ISPA lawyer sees as a conflict. that makes no warrant as to the effectiveness, nor validity of such an organ. it seems to me, that this is one of those items that falls squarely into the “members are also encouraged to make their own submissions” category.
unless, you’re suggesting that ISPA add this in, as an additional point to their submission ..
—n.
My comment in my personal capacity about the CoE was only in relation to the suggestion in the comments of the ISPA document that the CoE be given the power to resolve disputes - taking it out of the hands of the board.
Considering the CoE is purely an advisory body, this would be making them something more than that. If ISPA feels this should be the case, then section 16 would also need to be modified accordingly.
I believe there are perhaps less drastic ways to resolve the comment that lead to this, but that is a personal opinion
Andrew
On Thu, 07 May 2026 at 22:38, Nishal Goburdhan nishal@controlfreak.co.za wrote:
On 7 May 2026, at 21:04, Andrew Alston via zanog-discuss wrote:
Anyone is free to configure suggestions on bylaw modifications and this
can
be done at:
https://forms.afrinic.net/brc-comment
I think the question asked by Elaine related to what ISPA plans to
submit -
but that is not to say you can’t make individual submissions, and the
bylaw
review committee would welcome any submissions people have.
i won’t claim to speak for ISPA and/or elaine, but it seems to me, that ISPA’s intent was to show gaps and/or inconsistencies between mauritian law, and afrinic’s bylaws. that, i think, was clearly stated in her message :-)
the CoE is not an inconsistency that relates to mauritian law. or, perhaps more accurately, is not one that the aforementioned ISPA lawyer sees as a conflict. that makes no warrant as to the effectiveness, nor validity of such an organ. it seems to me, that this is one of those items that falls squarely into the “members are also encouraged to make their own submissions” category.
unless, you’re suggesting that ISPA add this in, as an additional point to their submission ..
—n.
On 7 May 2026, at 21:42, Andrew Alston wrote:
My comment in my personal capacity about the CoE was only in relation to the suggestion in the comments of the ISPA document that the CoE be given the power to resolve disputes - taking it out of the hands of the board.
ah. in that, you and i agree :-)
Considering the CoE is purely an advisory body, this would be making them something more than that. If ISPA feels this should be the case, then section 16 would also need to be modified accordingly.
I believe there are perhaps less drastic ways to resolve the comment that lead to this, but that is a personal opinion
-n.
Hi all,
I’ve already submitted some points directly to AFRINIC, and I will like your to consider them as well:
1) “Internet Community” actual definition is wrong and contradicts other sections of the bylaws and CPM. But even worst it against ICP-2 and the new version being worked out. The wrong point is stating “living or operating in the AFRINIC service region”. Just removing that will work, because there is a single Internet, and all the people in any RIR region, has the right to participate in others as well. What is being done in one region, can have impact in others.
2) 11.2 In other RIRs, there is no such strict link among bylaws and PDP and Public Policy Meetings. This should be left to the community by means of the PDP. The link between policies and obligation of members to comply with that, is stablished via the RSA. Probably this section just need to say that AFRINIC must provide the means for the PPMs to happen or something similar.
3) 11.4/5 are very broken. In none of the RIRs there is such provision. If the board decide to do something very wrong, the effects are irreversible and can bring a lot of courts legal issues. What other RIRs do is that there is a urgency process for the PDP (as the variance in the process in our PDP, 3.6), so it is already getting the consensus with the community, not *after*.
4) There must be a way to avoid the situation that happened already twice in AFRINIC of having no quorum for calling for the meeting. For example, a fall-back mechanism so a minimum of “n” members can call for it.
Regards, Jordi
@jordipalet
El 7 may 2026, a las 11:46, Elaine Zinn via zanog-discuss zanog-discuss@lists.nog.net.za escribió:
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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Amin Dayekh -
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Nishal Goburdhan