[AfrICANN-discuss] Ombudsman asks DCA to simmer down after .africa
conflict of interest complaint
Nigel Roberts
nigel at channelisles.net
Fri Dec 21 17:30:44 SAST 2012
Not oops! I KNOW Uniforum is not a trust. That's exactly the point I was
making.
So its ownership, and its nonprofit nature are all public. Anything I
wanted to know, I could look up on the official register. (Actually, if
I cared I'd probably just ask my goddaughter's father, but that's not
the point).
A trust however, has trustees appointed by a trust deed (express trusts)
or by operation of law (implied or constructive trusts)
So please answer my questions ** which are about the DCA Trust **
.
>> Who are the trustees?
>> What is the proper law of the trust?
>> Who are the beneficial owners?
Transparency requires it.
On 21/12/12 14:22, Dr Yassin Mshana wrote:
> Thank you Nigel, but will you please read and analyse before jumping in
> like that? Oops!
> Of course, Uniforum is not a Trust -
> Seasons greetings
> Yassin
>
> On 21 December 2012 14:11, Nigel Roberts <nigel at channelisles.net
> <mailto:nigel at channelisles.net>> wrote:
>
> Uniforum is not a trust.
>
> Its corporate ownership is a matter of public record under the law
> of the Republic of South Africa and can be looked up on the public
> record.
>
> Trusts are not "in the public domain". In fact in my jurisdiction,
> trusts are marketed precisely because of their secrecy.
>
> So, please, the following questions arise, in line with ICANN
> Transparency Principles ..
>
> Who are the trustees?
> What is the proper law of the trust?
> Who are the beneficial owners?
>
> These questions must be answered, and in public, as otherwise DCA
> Trust will autotmatically fail in its bid due to ICANN's
> requirements to do due diligence on crime, terrorism and
> moneylaundering.
>
>
>
>
>
>
> On 21/12/12 14:03, Dr Yassin Mshana wrote:
>
> Hi Calvin. It seems that you want to gossip..? in that case may
> I ask
> you, "Who is the beneficiary of Uniforum and who applied for
> .africa?
>
> In addition who is the 'community' you refer to who want to know
> about
> the beneficiaries of DCA Trust which is not-for-profit? Is or
> when did
> the DCA Trust get out of the 'community' or maybe it is only
> individual
> perceptions....maybe?
>
> That is the kind of small talk I do not wish to engage in often
> since
> there information is in public domain and I would not like to
> put my own
> words in explaining.
> Seasons Greetings
> Yassin
>
> On 21 December 2012 05:11, Calvin Browne
> <calvin at orange-tree.alt.za <mailto:calvin at orange-tree.alt.za>
> <mailto:calvin at orange-tree.__alt.za
> <mailto:calvin at orange-tree.alt.za>>> wrote:
>
> On 21/12/2012 00:27, Dr Yassin Mshana wrote:
>
> <SNIP>
>
>
> The DCA Trust is not only for .africa gTLD Application
> as it
> seems to be deemed - there have been other
> undertakings by DCA
> that are being overlooked.
> <SNIP>
>
>
> Please share the trust deeds with the community so that the
> community can see exactly who the beneficiaries of the
> trust are.
>
> Sincerely
>
> --Calvin Browne
>
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> --
> /*Independent Consultant*/
>
> c/o DFID-Sierra Leone
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> /*Independent Consultant*/
> c/o DFID-Sierra Leone
> 5 Off Spur Road, Wilberforce
> Freetown,SIERRA LEONE
> Skype: yassinmshana1, Mobile:+23276926697, Fax: (+232) 22235769
> *Do You really NEED TO PRINT THIS?*
> /"The illiterates of the 21st century are not those who cannot read or/
> / write// but those who cannot learn, relearn and unlearn" Alvin Toffler/
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