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    Home » How the Supreme Court of Mauritius became a global defender of digital rights
    AFRINIC crisis-Africa IP governance
    AFRINIC crisis-Africa IP governance
    AFRINIC

    How the Supreme Court of Mauritius became a global defender of digital rights

    By Jocelyn FangAugust 14, 2025Updated:August 21, 2025No Comments4 Mins Read
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    • The Supreme Court of Mauritius halted an overreaching investigation into AFRINIC, an organisation already in crisis.
    • The ruling was a critical intervention to preserve Africa’s IP resources from further mismanagement by a “failed registry.”

    The Supreme Court of Mauritius has stepped in to shield AFRINIC

    In a dramatic move that highlights the severe dysfunction within AFRINIC, the Supreme Court of Mauritius issued an urgent injunction to prevent an overbroad investigation into the organisation’s operations. AFRINIC, which is responsible for managing Africa’s vital IP address resources, has been in a state of perpetual governance crisis for years. Its internal issues reached a new low in June 2025, when an election intended to fill vacant board positions was annulled due to a dispute over a single unverified proxy vote, ultimately invalidating legitimate votes and undermining what little trust remained in its electoral processes.

    This controversy, alongside years of mismanagement and a prolonged legal battle with Cloud Innovation Ltd, has exposed AFRINIC as a “failed registry” unable to perform its core mandate: managing Africa’s digital infrastructure. With frozen bank accounts and numerous legal disputes, the organisation’s ability to function has been severely compromised, casting doubt on its future role in Africa’s digital development.

    The court’s intervention came as AFRINIC’s governance structure was under attack. A government-appointed inspector, tasked with investigating the organisation’s finances and operations, was blocked by the Supreme Court, which deemed the inspector’s mandate excessive and legally flawed. The court ruled that the investigation exceeded the limits outlined by the Mauritian Companies Act (Part XV) and barred both the inspector and the Registrar of Companies from proceeding with actions that could infringe upon AFRINIC’s autonomy. This swift intervention was necessary to halt what was seen as an unlawful probe into AFRINIC’s already fragile governance structure, which has been plagued by repeated failures over the past few years.

    Also read: AFRINIC launches voter onboarding ahead of board election
    Also read: AFRINIC election: 2nd attempt to delay voting fails

    Why It’s Important

    The decision by the Supreme Court of Mauritius to block the investigation highlights the deeply entrenched governance crisis within AFRINIC and underscores the urgent need for reform within the organisation. AFRINIC’s failure to conduct fair elections, its legal entanglements, and its inability to manage Africa’s IP resources have left the continent’s digital infrastructure vulnerable. This crisis has broader implications, as AFRINIC is one of only five Regional Internet Registries (RIRs) globally, meaning its collapse would reverberate far beyond Mauritius.

    By intervening to stop the overreaching investigation, the Supreme Court protected AFRINIC’s operational integrity—at least temporarily—preserving its ability to function during an already critical recovery phase. AFRINIC’s role in managing IP addresses is essential for the continent’s digital sovereignty. Its failure to do so risks undermining internet access, economic development, and connectivity for millions of Africans. The court’s intervention thus became crucial to prevent any further destabilisation of the organisation, which is already on the edge of collapse.

    The timing of the intervention is particularly significant. The investigation, which could have influenced the outcome of the upcoming board election scheduled for August, 2025, raised concerns of political interference. With AFRINIC already struggling with years of governance paralysis, the potential for a politically motivated investigation to further erode its credibility could have plunged the organisation into deeper turmoil. The court’s action was therefore an essential step in preserving the integrity of the election process and ensuring that AFRINIC, if it is to recover, does so under a system that adheres to the rule of law and fairness.

    Also Read: How AFRINIC’s board elections became a political battlefield
    Also Read: Why AFRINIC’s fallout has global implications for internet governance

    The global significance of this case cannot be overstated. AFRINIC’s operational failure would not only impact Africa but also set a worrying precedent for the management of critical internet infrastructure worldwide. The court’s ruling indirectly underscored the importance of transparent and accountable governance in the management of digital resources, a lesson that will resonate far beyond Mauritius and Africa.

    The decision to halt the investigation was not an endorsement of AFRINIC’s current state; rather, it was an effort to protect the organisation from an unlawful and politically charged investigation that could have derailed its already tenuous recovery. The court’s intervention was thus a necessary corrective action in a broader context of digital rights and internet governance, positioning the Mauritian judiciary as a defender of both regional and global digital infrastructure.

    Afrinic Mauritius Supreme Court RIR
    Jocelyn Fang

    Jocelyn is a community engagement specialist at BTW Media, having studied investment Management at Bayes business school . Contact her at j.fang@btw.media.

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