ICANN Intervenes Again to Defend AFRINIC Amid Legal Battles

Regulatory Action

The Internet Corporation for Assigned Names and Numbers (ICANN) has filed a formal application to become a party in the Mauritian court case brought by Cloud Innovation that seeks to dissolve the African Network Information Centre (AFRINIC). The filing, submitted on 27 May 2026, requests the court’s permission to intervene so that it can present an independent view of AFRINIC’s public‑coordination role.

What It Requires

1. Court Standing – ICANN must demonstrate that it has a direct interest in the outcome because AFRINIC’s functions affect the global allocation of IP addresses and domain names. The regulator’s brief emphasizes that the resources administered by AFRINIC are public resources, not corporate assets, and therefore cannot be treated as distributable property in a winding‑up.
2. Clarification of Legal Personality – ICANN will explain that while AFRINIC is incorporated under Mauritian law, its mandate is multistakeholder and systemic. The regulator will argue that any judgment treating AFRINIC as an ordinary commercial entity would jeopardise the stability of the global internet numbering system.
3. Protection of Resource Continuity – The intervention seeks an order preventing the seizure or redistribution of IP address blocks allocated by AFRINIC until a final decision on the dissolution request is rendered. This aligns with ICANN’s policy that numbering resources remain in‑service to avoid fragmentation.

Compliance Timeline

Date	Requirement	Responsible Party
27 May 2026	Submit application for standing and supporting brief to the Supreme Court of Mauritius	ICANN Legal Team
By 15 June 2026	Court to rule on ICANN’s request for participation	Mauritian Supreme Court
If granted	Prepare oral arguments and submit evidentiary documents on AFRINIC’s public‑coordination function	ICANN Governance Committee
30 June 2026	Deadline for ICANN to file any supplementary evidence requested by the court	ICANN Legal Team
July 2026	Potential hearing on the merits of Cloud Innovation’s dissolution petition	Court, with ICANN as intervenor

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Background: Why This Intervention Matters

AFRINIC has been embroiled in a series of governance crises over the past five years:

• 2024‑2025 receivership triggered by a dispute with member Cloud Innovation, leading to a court‑appointed receiver.
• June 2025 election of a new board was suspended and later annulled after allegations of proxy‑vote abuse.
• ICANN’s earlier warning (letter to the receiver, March 2025) that the annulled election could constitute non‑compliance with its mandate.
• Cloud Innovation’s litigation seeking a court‑ordered winding‑up, arguing that AFRINIC’s corporate structure is defective.
• May 2026 IPv4‑leasing controversy where Larus Limited, backed by Cloud Innovation, announced a “court‑ordered shareholder‑position continuity structure.” AFRINIC obtained an interim order requiring the removal of any statements implying Mauritian court endorsement of that leasing model.

These overlapping disputes create a risk that the court could treat AFRINIC’s IP address allocations as assets to be liquidated, potentially destabilising the African internet routing landscape.

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How ICANN’s Intervention Aligns with Existing Policies

• ICANN Bylaws, Article 5 – Mandates the organization to protect the stability of the global DNS and IP address allocation system.
• Number Resource Organization (NRO) Charter – Recognises regional internet registries (RIRs) as public‑coordination bodies, not commercial enterprises.
• ICANN‑NRO Coordination Agreement (effective 1 Jan 2024) – Requires any legal action affecting an RIR’s resources to involve ICANN as a stakeholder.

By invoking these frameworks, ICANN is not seeking to dictate the outcome of the Mauritian case but to ensure that the court fully understands the technical and policy implications of treating AFRINIC’s resources as ordinary corporate assets.

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Next Steps for Stakeholders

• AFRINIC members should monitor the court filings and be prepared to submit comments on the proposed bylaws amendment that would clarify the distinction between “registered members” under Mauritian law and “resource members” under the RIR model.
• Cloud Innovation must substantiate its claim that AFRINIC’s corporate form is incompatible with its public‑coordination duties; failure to do so may weaken its dissolution petition.
• Mauritian regulators are advised to consult the NRO and ICANN guidance on resource stewardship before issuing any orders that could affect the allocation of IP address blocks.
• Internet‑governance observers should track the May 28 hearing on the takedown order, as the court’s interpretation of “public endorsement” will influence future disputes over IPv4 leasing and monetisation.

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Conclusion

ICANN’s renewed intervention represents a critical safeguard for the continuity of Africa’s internet infrastructure. By securing the right to speak in the Mauritian proceedings, the global regulator aims to prevent a legal mischaracterisation of AFRINIC’s resources that could have cascading effects on the stability of the worldwide IP address system. The coming weeks will determine whether the court accepts ICANN’s position and, consequently, whether AFRINIC can continue to operate as the continent’s regional internet registry while its internal governance reforms proceed.