In a significant move to ensure the fairness and transparency of the upcoming African Network Information Centre (AFRINIC) Board of Directors elections, the Internet Corporation for Assigned Names and Numbers (ICANN) successfully obtained two crucial rulings from the Supreme Court of Mauritius (Bankruptcy Division) on June 19, 2025. This legal action underscores ICANN’s unwavering commitment to restoring stability and trust within AFRINIC’s governance.
A Push for Transparency and Accountability
This recent court application follows a formal notice issued by ICANN to the Court Appointed Receiver over AFRINIC on June 6, 2025. As a global coordinator for Internet number resource allocation, ICANN has been keenly focused on the integrity of AFRINIC’s electoral process. The notice specifically demanded immediate action from the Receiver on three critical points:
- Transparency on Resource Member Status: Providing AFRINIC members with full clarity on the status of Resource Members, particularly in light of a new entry on the Mauritius Corporate and Business Registration Department record.
- Reconstitution of the Nomination Committee: Ensuring the Nomination Committee is properly reconstituted to complete its remaining essential tasks.
- Public Documentation of Remedial Steps: Requiring public documentation and assessment of necessary steps to mitigate any adverse impacts on the election process.
Prior to the June 6th notice, ICANN had engaged in ongoing efforts to prompt corrections from the Receiver, including a direct call in mid-May 2025 where the paramount importance of transparency with AFRINIC members was explicitly stressed. Despite these repeated concerns, the Receiver took minimal, and crucially, non-transparent action in response to ICANN’s demands. This persistent lack of meaningful response compelled ICANN to seek intervention from the Mauritius Courts on June 18, 2025, to compel further action from the Receiver.
Court Recognizes ICANN’s Vital Role
While the Supreme Court of Mauritius stated that ICANN technically had “no locus standi” (legal standing) to initiate the application, it critically acknowledged the profound importance of the matter at hand. The Court recognized that ICANN’s “objective and aim is to ensure that there is to be a fair and free election for the board of AFRINIC” and that ICANN’s “principal objective is to ensure that the global internet remains secure, stable and operative.” The Court further highlighted AFRINIC’s essential role as “a non-profit organization, member-based and is a regional internet registry which is responsible for the distribution of internet number resources for Africa and the Indian Ocean region.” This recognition underscored the broader public interest in the stability and proper functioning of AFRINIC.
Favorable Rulings for Election Integrity
In a significant win for a fair and free election, the Court ruled in ICANN’s favor regarding the improper classification of Cloud Innovation Ltd. The Court unequivocally stated that Cloud Innovation Ltd “is simply a resource member,” and not a registered member of AFRINIC Ltd. It ordered the Receiver to:
- Issue a communique informing all resource members of the erroneous registration of Cloud Innovation Ltd as a registered member of AFRINIC Ltd.
- Inform all resource members how the Nomination Committee (Nom Com) had been established “in the spirit of the bylaws in the absence of a board at AFRINIC.”
Following the court order, the Receiver published a seven-page Communiqué on June 19, 2025. However, only two pages, deeply embedded within the document, actually addressed the specific issues mandated by the Court’s ruling.
ICANN’s Enduring Commitment to AFRINIC’s Obligations
ICANN remains vigilant regarding the overall integrity of AFRINIC’s election process. As the entity entrusted with ensuring the stable, secure, and resilient operation of the Internet’s unique identifier systems and the global coordination of numbering resource allocation, ICANN formally recognizes AFRINIC as the Regional Internet Registry (RIR) for the African/Indian Ocean region. This recognition comes with the responsibility of confirming that RIRs consistently meet their obligations. ICANN is committed to ensuring that the vital Internet resources allocated to this region are accurately accounted for and utilized for the benefit of the African and Indian Ocean communities.
ICANN continues to closely monitor AFRINIC’s capacity to uphold its responsibilities as an RIR. We strongly urge all AFRINIC members to maintain similar vigilance and to report any perceived lack of fairness or transparency in the election process to the Receiver, the AFRINIC Nomination Committee and Election Committee, and to ICANN directly.
Background: ICANN’s Global Role
ICANN is fundamental to the global interoperability of the Internet. Its core mandate is to ensure the stable, secure, and resilient (SSR) operation of the Internet’s unique identifier systems. This includes the global coordination of the allocation and assignment of numbering resources, a crucial function supported by Regional Internet Registries (RIRs) which distribute, manage, and register these resources. AFRINIC stands as one of the five RIRs officially recognized by ICANN, playing a pivotal role in the Internet’s infrastructure for a vast and growing region.
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