- Court halts sweeping AFRINIC probe, citing breach of Companies Act.
- Ruling underscores deep governance crisis ahead of upcoming election.
Court enforces legal boundaries over AFRINIC probe
Mauritius’ Supreme Court issued an emergency injunction to halt a sweeping probe into AFRINIC by a judge appointed by the Registrar of Companies, ruling the investigation overstepped limits of Part XV of the Mauritian Companies Act. The court’s decision was a rare affirmation that even technical bodies like Regional Internet Registries cannot be subjected to unchecked executive influence.
This move comes at a tense moment for AFRINIC—leadership remains stalled since 2022, with the registry mired in court cases and election disputes. Stakeholders worry that allowing such legal breaching would set a dangerous precedent. The Register reports that the government’s deepening involvement reflects poorly on the rule of law in Mauritius and raises alarm over AFRINIC’s ability to manage Africa’s internet infrastructure.
Also read: Cloud Innovation calls for AFRINIC wind-up after ‘impossible’ election standards
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Judicial independence at stake in AFRINIC power struggle
Critics say the government’s attempt to direct AFRINIC’s internal affairs undermines both Mauritian judicial independence and Africa’s internet governance. By siding with the executive branch, ICANN risks appearing to endorse executive overreach at the expense of democratic processes.
The court’s intervention is seen as a rare stand to uphold constitutional checks and balances in Mauritius, a legal system modelled on British law. However, the underlying governance crisis at AFRINIC remains unresolved. Without a legitimate and transparent election process, stakeholders warn that AFRINIC risks losing credibility as a Regional Internet Registry and damaging Africa’s digital sovereignty.
