[Community-Discuss] Accountability assessment - quorum

[Mark Elkins]

I don't think the Proxy issue would survive a legal challenge in any
African country based on English (or Dutch) law.

French law can be different but this is law about how a company operates
and with a few minor exceptions (eg company stamps) - I'd expect this to
be very similar the world over.

I personally prefer freedom for the individual member to choose the way
in which they want to vote, whether in person, via proxy (without
restrictions) or via electronic voting.

On 30/09/2016 19:13, Badru Ntege wrote:
> Andrew 
> 
> On 30 Sep 2016, at 5:30 pm, Andrew Alston
> <Andrew.Alston at liquidtelecom.com
> <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
> 
>> No Omo,
>>
>>  
>>
>> Please read what Ashok said – the limitation **WILL NOT SURVIVE LEGAL
>> CHALLENGE**
>>
> 
> Afrinic is a regional organisation if we are being shackled by
> jurisdiction of registration we have 52 other jurisdictions. 
> 
> We have options. Let's remain very open and objective to what is best
> for members. 
> 
> Consensus not legal shackles is what the Internet is built on. 
> 
> 
> 
>>  
>>
>> The companies act does not ALLOW the limitation.
>>
>>  
>>
>> Andrew
>>
>>  
>>
>>  
>>
>> *From: *Omo Oaiya <Omo.Oaiya at wacren.net <mailto:Omo.Oaiya at wacren.net>>
>> *Date: *Friday, 30 September 2016 at 17:29
>> *To: *Andrew Alston <Andrew.Alston at liquidtelecom.com
>> <mailto:Andrew.Alston at liquidtelecom.com>>
>> *Cc: *Jean-Robert Hountomey <jrhountomey at gmail.com
>> <mailto:jrhountomey at gmail.com>>, "community-discuss at afrinic.net
>> <mailto:community-discuss at afrinic.net>" <community-discuss at afrinic.net
>> <mailto:community-discuss at afrinic.net>>
>> *Subject: *Re: [Community-Discuss] Accountability assessment - quorum
>>
>>  
>>
>> As you have repeated but that is by the way.  What is clear is that
>> electronic voting has solved the issue with proxies so we don’t need
>> them. If the companies act is restrictive and does not support better
>> accountability, proxies can be limited to one per member to balance
>> things out.  
>>
>>  
>>
>>     On 30 Sep 2016, at 15:22, Andrew Alston
>>     <Andrew.Alston at liquidtelecom.com
>>     <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>>
>>      
>>
>>     Jean-Robert because proxies are enshrined in the companies act and
>>     the act explicitly states that they cannot be removed irrespective
>>     of what a company’s bylaws / constitution says.
>>
>>      
>>
>>     See fifth schedule section 6
>>
>>      
>>
>>     Andrew
>>
>>      
>>
>>      
>>
>>     *From: *Jean-Robert Hountomey <jrhountomey at gmail.com
>>     <mailto:jrhountomey at gmail.com>>
>>     *Date: *Friday, 30 September 2016 at 17:22
>>     *To: *"community-discuss at afrinic.net
>>     <mailto:community-discuss at afrinic.net>"
>>     <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>
>>     *Subject: *Re: [Community-Discuss] Accountability assessment - quorum
>>
>>      
>>
>>     Talking about Board Members election (1) and (2), why do we want to keep Proxies While we have Electronic voting ?
>>
>>     Proxies make sens when a member cannot attend the meeting in person, isn't what we wanted to solve with electronic voting?
>>
>>      
>>
>>     (1) http://afrinic.net/en/community/elections/bod-election/process
>>
>>     (2) http://afrinic.net/en/about/agmm/participate-vote
>>
>>      
>>
>>     On 9/29/16 8:56 PM, Alan Barrett wrote:
>>
>>         On 30 Sep 2016, at 02:26, Mark Elkins <mje at posix.co.za> <mailto:mje at posix.co.za> wrote
>>
>>             The only time the Proxy Restrictions are enforced is for the Board
>>
>>             elections. Traditionally, the elections for the PDP Co-Chair is hands at
>>
>>             the meeting and the elections for the ASO-AC is by secret ballot by
>>
>>             those present.
>>
>>         Proxy restrictions apply to elections by the Members (Resource Members and Registered Members).  ASO-AC and PDWG elections are by the community or by the PDWG, not by the Members. Board elections and now Governance Committee elections are by the Members.
>>
>>          
>>
>>         Alan Barrett
>>
>>          
>>
>>
>>
>>
>>
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>>
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>>
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>>
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>>
>>      
>>
>>     _______________________________________________
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>>
>>  
>>
>>
>> —
>>
>> Omo Oaiya
>> CTO/Directeur Technique, WACREN 
>> Mobile: +234 806 4522778, +221 784 305 224
>> Skype: kodion
>> http://www.wacren.net 
>>
>>  
>>
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> 
> 
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-- 
Mark James ELKINS  -  Posix Systems - (South) Africa
mje at posix.co.za       Tel: +27.128070590  Cell: +27.826010496
For fast, reliable, low cost Internet in ZA: https://ftth.posix.co.za

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