In a high-stakes dispute sending shockwaves through Africa's digital landscape, REMMY NWEKE reveals how the future of Internet governance hangs precariously in the balance. He explores a crucial 'Friends of the Court' initiative that could shape the continent's digital destiny.
In a significant development for Internet governance in Africa, a group of experts has filed an Amicus Curiae brief in a high-profile case involving the African Network Information Centre (AFRINIC), the regional Internet registry for Africa, and Cloud Innovation Limited (CIL), a company registered in Mauritius in the Indian Ocean.
An Amicus Curiae brief, also known as a "friend of the court" brief, is a legal document submitted to a court by a person or group that is not a party to the case but has a strong interest in the outcome, providing the court with additional information or perspectives.
Centre of dispute:
The latest brief in the AFRINIC case was submitted by a coalition of Internet stakeholders, aimed at providing the court with expert insights on the implications of the dispute for Internet governance, stability, and security in Africa.
This dispute now centers on Cloud Innovation's recent petition, filed on July 14, 2025, to liquidate AFRINIC, a corporate member of the registry. As the Friends of the Court highlighted, "The outcome of the case is expected to have far-reaching consequences for the management of Internet resources in Africa."
Therefore, the Amicus Curiae brief argued that the court's decision should prioritize the stability and security of the Internet in Africa. "The Internet is a critical infrastructure for economic development, education, and communication in Africa," the brief stated. "Any decision in this case should ensure that the management of Internet resources remains stable, secure, and transparent."
Importance of multistakeholder governance:
The brief also highlights the importance of multistakeholder governance in Internet management. "AFRINIC's role as a regional Internet registry requires a collaborative approach to decision-making, involving various stakeholders, including governments, civil society, and the private sector," the brief noted.
By filing the Amicus Curiae brief, led by Internet Society (ISOC) chapters across the continent, the experts aimed to ensure that the court considers the broader implications of its decision for Internet governance in Africa. They believed that the brief will provide valuable insights to the court, helping to ensure that the decision supports the long-term stability and security of the Internet in Africa.
Genesis of a highly litigious battle:
According to Dr. Katim Seringe Touray, an International Development Consultant on science and technology, "In June 2020, AFRINIC initiated action against the theft of IP addresses, alleging that Cloud Innovations Ltd. (CIL) had breached its Registration Service Agreement (RSA). CIL retaliated by suing AFRINIC in Mauritius, where the registry is headquartered.
Therefore, the Amicus Curiae brief argued that the court's decision should prioritize the stability and security of the Internet in Africa. "The Internet is a critical infrastructure for economic development, education, and communication in Africa," the brief stated. "Any decision in this case should ensure that the management of Internet resources remains stable, secure, and transparent."
Importance of multistakeholder governance:
The brief also highlights the importance of multistakeholder governance in Internet management. "AFRINIC's role as a regional Internet registry requires a collaborative approach to decision-making, involving various stakeholders, including governments, civil society, and the private sector," the brief noted.
By filing the Amicus Curiae brief, led by Internet Society (ISOC) chapters across the continent, the experts aimed to ensure that the court considers the broader implications of its decision for Internet governance in Africa. They believed that the brief will provide valuable insights to the court, helping to ensure that the decision supports the long-term stability and security of the Internet in Africa.
Genesis of a highly litigious battle:
According to Dr. Katim Seringe Touray, an International Development Consultant on science and technology, "In June 2020, AFRINIC initiated action against the theft of IP addresses, alleging that Cloud Innovations Ltd. (CIL) had breached its Registration Service Agreement (RSA). CIL retaliated by suing AFRINIC in Mauritius, where the registry is headquartered.
"The dispute has since snowballed into a complex web of litigation, with CIL and Larus Ltd., both founded by Chinese national Lu Heng, filing a staggering 33 cases against AFRINIC between March 2021 and September 2022."
One notable case resulted in the freezing and subsequent unfreezing of an AFRINIC bank account, severely impacting the organization's operational capacity. To date, CIL and its affiliates have filed over 50 cases against AFRINIC, casting a long shadow over the registry's ability to function effectively.
Internet Protocol crisis goes legal:
The African Internet governance community is facing a severe crisis due to a prolonged legal dispute between Cloud Innovation and AFRINIC. What started as a policy disagreement escalated into a full-blown legal siege, with Cloud Innovation seeking to dismantle AFRINIC's institutional legitimacy.
As AFRINIC's financial and operational capacity weakened, the registry's inability to conduct elections, pay staff, and issue IP addresses exacerbated the crisis. Consequently, a court-appointed Receiver was initially installed on September 12, 2023, with a restoration of the order in October 2024, and a new receiver appointed in February 2025. However, their mandate has been contested, leading to continued institutional paralysis.
Policy disagreement turns sour:
Cloud Innovation, led by Chief Executive Officer Lu Heng, in what industry watchers have tagged as a "shifted strategy," framed AFRINIC as dysfunctional and filed a petition to wind up the organization under the Insolvency Act.
On July 14, 2025, Cloud Innovation filed a formal petition before the Supreme Court of Mauritius to wind up AFRINIC under the provisions of the country's Insolvency Act. The petition claims that AFRINIC is insolvent, incapable of fulfilling its obligations, and therefore should be liquidated and its assets redistributed.
This action marked a decisive escalation in the dispute, with Cloud Innovation no longer content with mere legal redress or institutional reform. Instead, the company is now seeking the complete dissolution of the Regional Internet Registry for Africa.
One notable case resulted in the freezing and subsequent unfreezing of an AFRINIC bank account, severely impacting the organization's operational capacity. To date, CIL and its affiliates have filed over 50 cases against AFRINIC, casting a long shadow over the registry's ability to function effectively.
Internet Protocol crisis goes legal:
The African Internet governance community is facing a severe crisis due to a prolonged legal dispute between Cloud Innovation and AFRINIC. What started as a policy disagreement escalated into a full-blown legal siege, with Cloud Innovation seeking to dismantle AFRINIC's institutional legitimacy.
As AFRINIC's financial and operational capacity weakened, the registry's inability to conduct elections, pay staff, and issue IP addresses exacerbated the crisis. Consequently, a court-appointed Receiver was initially installed on September 12, 2023, with a restoration of the order in October 2024, and a new receiver appointed in February 2025. However, their mandate has been contested, leading to continued institutional paralysis.
Policy disagreement turns sour:
Cloud Innovation, led by Chief Executive Officer Lu Heng, in what industry watchers have tagged as a "shifted strategy," framed AFRINIC as dysfunctional and filed a petition to wind up the organization under the Insolvency Act.
On July 14, 2025, Cloud Innovation filed a formal petition before the Supreme Court of Mauritius to wind up AFRINIC under the provisions of the country's Insolvency Act. The petition claims that AFRINIC is insolvent, incapable of fulfilling its obligations, and therefore should be liquidated and its assets redistributed.
This action marked a decisive escalation in the dispute, with Cloud Innovation no longer content with mere legal redress or institutional reform. Instead, the company is now seeking the complete dissolution of the Regional Internet Registry for Africa.
Many observers interpret this move as a final attempt to assert total legal and symbolic dominance over a critical piece of public infrastructure. The outcome of this case will have far-reaching consequences for the future of Internet governance in Africa.
Africa's presence @Governmental Advisory Committee (GAC):
In the global Internet governance mechanism, led by the Internet Corporation for Assigned Names and Numbers (ICANN), the Governmental Advisory Committee (GAC) serves as the formal voice of national governments, distinct economies, and multinational governmental organizations within ICANN's multi-stakeholder framework.
As an advisory committee to the ICANN Board of Directors, its primary function is to offer counsel on the public policy implications of ICANN's responsibilities, particularly where its actions or proposed policies intersect with national legislation or international agreements.
Africa's presence @Governmental Advisory Committee (GAC):
In the global Internet governance mechanism, led by the Internet Corporation for Assigned Names and Numbers (ICANN), the Governmental Advisory Committee (GAC) serves as the formal voice of national governments, distinct economies, and multinational governmental organizations within ICANN's multi-stakeholder framework.
As an advisory committee to the ICANN Board of Directors, its primary function is to offer counsel on the public policy implications of ICANN's responsibilities, particularly where its actions or proposed policies intersect with national legislation or international agreements.
While not a decision-making body itself, the GAC operates on a consensus basis, with its advice typically articulated in communiqués presented to the Board following its meetings. ICANN's Bylaws mandate that the Board must "duly take into account" this GAC advice, requiring a public explanation if it deviates from such recommendations.
The GAC thus plays a critical role in facilitating governmental participation in ICANN, ensuring that the diverse public policy concerns of governments worldwide are considered in the technical coordination and governance of the global Internet, encompassing issues from new generic top-level domains to the stability and security of the Domain Name System.
Where is African GAC representation?
According to ICANN and DiploFoundation data available to ITREALMS , 44 African countries have representations on the GAC. While the GAC in total has 184 member governments, a significant portion of these is from Africa, highlighting the continent's growing engagement in Internet governance. These representatives participate in GAC meetings and contribute to the public policy advice provided to the ICANN Board.
Given this critical juncture for Africa's digital infrastructure, the engagement of these 44 African GAC members becomes paramount. While it's notable that of the 55 members of the African Union (AU), fewer than 10 are currently not members of the GAC, there's a strong imperative for these representatives to actively leverage their influence within global Internet governance structures.
ICANN's perspectives point to dealing with this issue with utmost transparency by those involved, highly considering what the Internet, free Internet access, and security portend for the continent.
Conclusion:
The Amicus Curiae brief in the AFRINIC case underscores the vital role of expert input in shaping the future of Internet governance in Africa.
The GAC thus plays a critical role in facilitating governmental participation in ICANN, ensuring that the diverse public policy concerns of governments worldwide are considered in the technical coordination and governance of the global Internet, encompassing issues from new generic top-level domains to the stability and security of the Domain Name System.
Where is African GAC representation?
According to ICANN and DiploFoundation data available to ITREALMS , 44 African countries have representations on the GAC. While the GAC in total has 184 member governments, a significant portion of these is from Africa, highlighting the continent's growing engagement in Internet governance. These representatives participate in GAC meetings and contribute to the public policy advice provided to the ICANN Board.
Given this critical juncture for Africa's digital infrastructure, the engagement of these 44 African GAC members becomes paramount. While it's notable that of the 55 members of the African Union (AU), fewer than 10 are currently not members of the GAC, there's a strong imperative for these representatives to actively leverage their influence within global Internet governance structures.
ICANN's perspectives point to dealing with this issue with utmost transparency by those involved, highly considering what the Internet, free Internet access, and security portend for the continent.
Conclusion:
The Amicus Curiae brief in the AFRINIC case underscores the vital role of expert input in shaping the future of Internet governance in Africa.
As the court deliberates, the brief serves as a crucial reminder of the need for stability, security, and transparency in the management of Internet resources, emphasizing that the outcome will be closely watched by global Internet stakeholders who recognize AFRINIC's critical role in Africa's digital economy.
The prolonged nature of this dispute, however, raises broader concerns about its impact on the continent. Some observers suggest the conflict transcends a mere commercial disagreement, viewing it as a proxy battle for influence over critical Internet infrastructure, potentially leaving African digital development vulnerable.
There are calls for greater intervention from African governments, including leveraging diplomatic channels with countries associated with the involved parties, and for a strengthened resolve from African internet communities to safeguard the region's digital autonomy.
Ultimately, the stability of AFRINIC and the integrity of its governance processes are paramount, with the implications of this legal conundrum extending far beyond Mauritius, potentially shaping the trajectory of Africa's digital alignment and transformation for years to come.
Short URLs:
goo.gl,
mcaf.ee,
cli.gs
The prolonged nature of this dispute, however, raises broader concerns about its impact on the continent. Some observers suggest the conflict transcends a mere commercial disagreement, viewing it as a proxy battle for influence over critical Internet infrastructure, potentially leaving African digital development vulnerable.
There are calls for greater intervention from African governments, including leveraging diplomatic channels with countries associated with the involved parties, and for a strengthened resolve from African internet communities to safeguard the region's digital autonomy.
Ultimately, the stability of AFRINIC and the integrity of its governance processes are paramount, with the implications of this legal conundrum extending far beyond Mauritius, potentially shaping the trajectory of Africa's digital alignment and transformation for years to come.
No comments:
Post a Comment