[AfrICANN-discuss] Re: It's like that in life, there are always bad players and bad losers!

Sun Oct 14 00:14:42 SAST 2012

" ICANN General Counsel and Board Governance
Committee's Conflict review, having been appraised of all the facts and details
of the various arms-length relationships many months before this
allegation "

You are trying to defend yourself by
saying that a review was done many months before which would be your Statement
of Interest that was declared in March 2012.  The point is that you have not told us if
there has been any Conflict Review following ICANN's receipt of DCA's letters,
and if there was the outcome of any such review.  So please, the issues raised is after the
fact. 

If you think that the allegations are false, why are you not threatening to sue
DCA for defamation?, against the backdrop that you are legally trained.  The fact that you are not umbraged, and threatening to sue DCA shows that you are not quite confident nor comfortable with the
position you find yourself in regarding the Conflict of Interest matter.

I think you must simply take the
honourable path like the other conflicted Board Members, and fully adhere to
ICANN's Gold standard to be achieved regarding Conflict of Interest matters,
and this will be the end of the matter.

--Lerato Ma

>________________________________
> From: Mike Silber <silber.mike at gmail.com>
>To: africann at afrinic.net 
>Sent: Saturday, October 13, 2012 12:18 PM
>Subject: [AfrICANN-discuss] Re: It's like that in life, there are always bad players and bad losers!
> 
>
>Mr Nacer
>
>I am not in agreement with you (as you may suspect). Your statement
    that a conflict "is clear" is not justified on any facts whatsoever,
    just Ms Ma's rather vague innuendo.
>
>What may be surprising to you is that the ICANN General Counsel and
    Board Governance Committee's Conflict review, having been appraised
    of all the facts and details of the various arms-length
    relationships many months before this allegation was raised (rather
    than Ms Ma's conjecture) also found no conflict.
>
>The question is legitimate. Casting aspersions and making false
    allegations is not.
>
>I will be most willing to engage with you (or anyone else not
    involved in false allegations) should you be interested.
>
>Regards
>
>Mike
>
>
>---------- Forwarded message ----------
>>
>>From: Adamou Nacer <adamou.nacer at gmail.com>
>>Date: 13 October 2012 19:29
>>Subject: Re: [AfrICANN-discuss] Itâ€™s like that in life,
              there are always bad players and bad losers!
>>To: Lerato <lerato.ma at yahoo.com>, africann at afrinic.net
>>
>>
>>
>>Hi,
>>if this is the case, the conflict is clear and Mr
                  Silber must resign from the ICANN's new gTLD Program
                  Committee. 
>>Is there an ICANN rule to avoid this kind of
                  situation?
>>Regards
>>
>>Le 13/10/2012 16:53, Lerato a ï¿½crit :
>>
>>
>>>
>>>You do not seem to understand what you are talking about. The fact that ZADNA has endorsed UniForum's new gTLD application, and Mike Silber, an ICANN Board Member from South Africa who is also a serving director of South Africa's Domain Names Authority - the ZADNA; and also a member of the new gTLD Program Committee of ICANN is a clear Conflict of Interest situation for him since he would be expected to participate in the decision-making over a new gTLD that the ZADNA has endorsed, and by implication, which he has also endorsed by the mere fact that he is a ZADNA director.
>>>
>>>
>>>--Lerato Ma
>>>
>>>>________________________________
>>>> From: "ngabo at pop.co.za" <ngabo at pop.co.za>
>>>>To: africann at afrinic.net 
>>>>Sent: Saturday, October 13, 2012 2:19 AM
>>>>Subject: Re: [AfrICANN-discuss] Itâ€™s like that in life, there are always bad players and bad losers!
>>>>
>>>>On Fri, 2012-10-12 at 18:19 -0700, Lerato
                            wrote:
>>>>
>>>>"I'm sure the ICANN Board will check the
                            allegations...
>>>>>                  If the ICANN Board
                            checks the allegations and accepts that they
                            are true why should you favour UniForum? 
                            Irrespective of the fact that you think that
                            the letters are so cloak and dagger, and
                            desperate, why should you condone the fact
                            that ICANN Board members that have
                            conflicting interests are going to sit down
                            in the new gTLD Program Committee to preside
                            over new gTLD decision-making?
>>>>> 
>>>>You assume that the conflict allegations are
                            actual truth.
>>>>
>>>>Someone told me that the Internet never
                            forgets, now there appears to be a lot of
                            truth in that.
>>>>
>>>>Mr. Mike Silber, "former director of
                            UniForum SA" - I have been unable to find
                            any evidence to support this claim.
>>>>In my research, it looks to me that ZADNA
                            and UniForum are completely separate
                            organisations.
>>>>It seems ZADNA is a creation of the South
                            African government via their Electronic
                            Communications and Transactions Act of 2002.
                            "In 18 May 2007, the Minister of
                            Communications published a public notice
                            officially giving .za DNA the full
                            assumption of management of .za in terms of
                            section 59 of the ECT Act)."
>>>>Uniforum seems to have been around much
                            longer. I found "UniForum SA (originally
                            /usr/group/) in 1988. During 1995 UniForum
                            SA were delegated the responsibility of
                            administrating the co.za domain registry"
>>>>
>>>>ZADNA's mandate:
>>>>"65.(1) The Authority mustï¿½ (a) administer
                            and manage the .za domain name space;"
>>>>It seems ZADNA wants a Central Registry and
                            that is why Mr. Chris Disspain company was
                            consulted... nothing to do with the new gTLD
                            process.
>>>>
>>>>Since then, two things appear to be
                            happening at Uniforum, they have applied for
                            the "africa" gTLD and perhaps due to their
                            size, are becoming the "South Africa Central
                            Registry (ZACR)". There is no suggestion
                            that one event is dependant on the other. It
                            also looks like the gTLD "africa" race
                            started before the ZACR change.
>>>>
>>>>ZADNA (the government rule maker) seems to
                            be on the outside of this ZACR (the actor)
                            change - which make governance sense.
>>>>
>>>>This didn't take long to research.
>>>>
>>>>                ---------------------
>>>>
>>>>When I see two parties running for the same
                            goal and one party starts throwing mud at
                            the other - I tend to support the other. Go
                            read the subject line...
>>>>
>
>_______________________________________________
>AfrICANN mailing list
>AfrICANN at afrinic.net
>https://lists.afrinic.net/mailman/listinfo.cgi/africann
>
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: https://lists.afrinic.net/pipermail/africann/attachments/20121013/887938e2/attachment-0001.htm