• Mauritian law dictates AFRINIC’s governance structure, which includes election rules and dispute resolution mechanisms.
  • Critics argue that the application of Mauritian law has led to governance failures and questioned the fairness of AFRINIC’s election process.

Governance structure under Mauritian law

Mauritius is a jurisdiction that follows a civil law system, and the governance of entities like AFRINIC is governed by the Mauritian Companies Act and other relevant statutes. AFRINIC’s constitution and by-laws are framed within the context of Mauritian company law, which stipulates the rules for corporate governance, director appointments, and member voting rights. This provides a legal backdrop that determines how elections are conducted, who can vote, and how disputes are resolved.

Under these laws, elections at AFRINIC are intended to follow specific protocols, ensuring transparency and fairness. However, the legal system also provides mechanisms for resolving disputes, which have come into question in recent years.

Also read: The role of the Mauritian judiciary in mediating AFRINIC-related conflicts

The role of the registrar and the courts

Mauritian law places considerable weight on the role of the company registrar and the courts in ensuring proper governance. If there are disputes, the courts in Mauritius are the final arbitrators. However, AFRINIC’s critics argue that Mauritian legal frameworks, when applied to the company’s election processes, have failed to maintain accountability.

The involvement of the judiciary in election disputes is pivotal but has raised questions about independence and the ability to ensure fair outcomes in cases where vested interests are involved. This legal structure, coupled with the challenges of managing complex internet governance issues, has led to AFRINIC’s ongoing struggles with credibility.

Also read: AFRINIC’s September elections were a flagrant violation of its own bylaws

Reforming the election process

Given the challenges within the Mauritian legal context, some stakeholders have called for a complete overhaul of AFRINIC’s election procedures, advocating for a reset in how the organization is governed. Critics point to the unworkable nature of the current election system, which has led to disputes, distrust, and a collapse in governance. As AFRINIC continues to grapple with these issues, the role of Mauritian law in its governance remains a critical factor that requires scrutiny and potential reform to ensure a fair and transparent election process.

The ongoing crisis and the need for a change in governance have triggered calls for reform, with some suggesting that Mauritian law may need to adapt to address the specific needs of a regional internet registry.

Also read: Why AFRINIC’s election security needs stronger legal guarantees in Mauritius