[Community-Discuss] Issue of AfriNIC illegality

[ALAIN AINA]

> On Nov 14, 2016, at 6:23 PM, Owen DeLong <owen at delong.com> wrote:
> 
> That wasn't an issue of illegality of AfriNIC.

> The issue was whether or not the limit on the number of proxies carried by a single member would survive a legal challenge. 

Yes. This discussion went into this as some argued  that setting  the limit to 5 per person  violate the act and so AFRINIC not operating lawfully. 

> 
> The advice from counsel is that it most likely would not. Further, it seems that the companies act requires proxies.

… And we explained that in the context of Company act, the limit of 5 proxies is legal. as Company act only recognise the nine(9) board members as AFRINIC members(Registered Members).

As discussed, the limit of proxy to 5 per person and  zero proxy per candidate in the bylaws(which applied to Registered members and  "Resources Members") was decided by this community to solve some issues to the elections process. As the changes discussed here are about improving accountability, encouraging participation through all means should be encouraged  instead of  allowing unlimited proxies.


—Alain





> Therefore even though it seems illogical to maintain proxies in the face of electronic voting, until such time as the law catches up with technology, proxies must be accepted. 
> 
> One person suggested that if we don't like this, AfriNIC could go jurisdiction shopping. That's true, but in my experience, every jurisdiction has its trade offs and I believe the proxy requirement in MU law is not enough of a reason to undertake such an exercise. 
> 
> Indeed, I feel that there should be no limits on the number of members who can appoint a particular person to be their proxy. I believe the argument about "vote buying" is specious because in reality, proxy limitation does nothing to reduce it. If you are buying votes, it isn't any harder to get them delivered by multiple proxies than by one. 
> 
> Further, since board members are not significantly compensated for their role, I fail to see the economic value in attempting to buy an AfriNIC election. 
> 
> Owen
> 
> 
> On Nov 11, 2016, at 22:17, Marcus K. G. Adomey <madomey at hotmail.com <mailto:madomey at hotmail.com>> wrote:
> 
>> Hi Dewole,
>> 
>> Kindly read https://lists.afrinic.net/pipermail/community-discuss/2016-October/000863.html <https://lists.afrinic.net/pipermail/community-discuss/2016-October/000863.html>
>> 
>> Thanks
>> 
>> 
>> Marcus
>> 
>> 
>> 
>> From: Dewole Ajao <dewole at tinitop.com <mailto:dewole at tinitop.com>>
>> Sent: Friday, November 11, 2016 2:58:33 PM
>> To: Marcus K. G. Adomey; General Discussions of AFRINIC
>> Subject: Re: [Community-Discuss] Issue of AfriNIC illegality
>>  
>> Hi Marcus,
>> 
>> I'm not holding brief for the Chairman and/or CEO but since you have sent this to the community, I'm hoping I'm not the only whose curiosity has been stimulated to peak levels. Please share references to this "illegality" you speak of so we are better informed. 
>> 
>> Regards,
>> Dewole.
>> 
>> On 11/11/2016 15:47, Marcus K. G. Adomey wrote:
>>> Dear Chairman and CEO of AfriNIC,
>>> 
>>> The discussion on accountability on this list led to the issue of the illegality of AfriNIC. At this stage of the affairs of AfriNIC, we are about to adopt changes to the bylaws. My question is:
>>> 
>>> Has the issue of AfriNIC illegality been addressed before proceeding with the discussion on the bylaw? 
>>> 
>>> Have I missed a something? If so forgive me.
>>> 
>>> Thank you,
>>> 
>>> 
>>> 
>>> Marcus
>>> 
>>> 
>>> 
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>> 
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