[Community-Discuss] Requests and questions

Fri Oct 6 12:56:26 UTC 2017

Sunday,

Firstly, thank you for agreeing to the investigation - we will await regular progress reports.

Secondly - to say that the board was unware of the fact that I was referring to competitions issues - is disingenuous in my view.

I point to an email on the 12/07/2017 sent to the RPD list - which clearly and demonstrably makes reference to the competitions act - and to which I got replies.

The questions I asked are extremely easy to correlate between that email and the email asking the formal questions - Let me quote from aspects of that email:

  1.  It is fact that the prices per annum paid to AfriNIC by larger members are multiple times higher than what they are in certain other registries (there is a price differential of in excess of 20 times between AFRINIC and another registry in certain categories)
  2.  The lack of a bi-directional cross-regional transfer policy puts AfriNIC at direct risk of being in potential violation of the competitions act of 2007 - since AFRINIC is in effect forcing its members to remain using it - and paying the prices which they insist on and which the members have no control over
  3.  The fact that other RIR's DO permit members from other regions to inbound transfer space means that there is choice - and the members of AFRINIC are being held to ransom through the lack of a transfer policy
  4.  The argument that the PDP has not granted a transfer policy does not grant the company, or the board, immunity from acting within the bounds of the law in the area in which it is domiciled.
  5.  The board - as the effective "owners" of the company - have the power implement a transfer policy - because irrespective of what the bylaws say - as the sole members of the legal entity that is AFRINIC and as directors - the power DOES reside with them.
  6.  The implementation of any policy that could result in the revocation of resources while AFRINIC is continuing to act as a de-facto monopoly that is already possibly in direct violation of the competitions act would be shear insanity, since it FORCE entities into a position where they either spend a TON of money complying with audits which may or may not be justified - or lose those resources - with no ability to transfer the hell out.

Basically - what I am saying is - while the competitions aspects have never been tested in a court - and actually in Mauritius - never need to be tested in a manner that costs anything or involves lawyers -  because of the way their competitions tribunal works that aspect, when combined with this policy, create a perfect storm that I honestly believe would destroy afrinic.

Thanks

Andrew

From: Sunday Folayan [mailto:sfolayan at gmail.com]
Sent: 05 October 2017 19:42
To: General Discussions of AFRINIC <community-discuss at afrinic.net>
Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>; AFRINIC Board of Directors' List <board at afrinic.net>
Subject: Re: [Community-Discuss] Requests and questions

Dear Mr Alston,

I have been on the road between Abuja and Lagos, rallying support from the Nigerian Government for the hosting of the upcoming AFRINIC Meeting in November, without access to the Internet.

On a question: We previously understood that you wanted an investigation into whether or not the lack of a bi-directional inter-RIR transfer policy had any implications considering the Companies Act. We replied that we could see no issues with the absence of a policy, and we could not answer for the implications of any hypothetical policy. So I don't think it's appropriate to say we refused to act since you've just now clarified that you meant the Competition Act, not the Companies Act. We hope you will help the Board maximize the use of her time in future.

Having said that, the Board will commission an investigation into the implications of the lack of a bi-directional inter-RIR transfer policy, with respect to the Competition Act. We expect the work to start by 20 October 2017 (2 weeks from now). We do not know how long the investigation will take.

Kind Regards ..

Sunday.

On 05/10/2017 15:43, Andrew Alston wrote:
Dear Board,

Any indication as to when we will hear from you again regarding this?

Andrew

From: Andrew Alston [mailto:Andrew.Alston at liquidtelecom.com]
Sent: 03 October 2017 10:27
To: Sunday Folayan <sfolayan at gmail.com><mailto:sfolayan at gmail.com>
Cc: General Discussions of AFRINIC <community-discuss at afrinic.net><mailto:community-discuss at afrinic.net>; AFRINIC Board of Directors' List <board at afrinic.net><mailto:board at afrinic.net>
Subject: Re: [Community-Discuss] Requests and questions

Dear Board, Sunday,

I had some hope this board was slightly more... committed than this?

I kind of fear what is going to happen to the audit report next year, and the other reports we're supposed to get from this board.  Twice committed - publicly - twice failed to deliver on the commitments.

I now call this board in direct violation of section 3.4.ii - since committing to communication by not delivering it is certainly not inductive to open and transparent communication.  I also now call this board in direct violation of section 3.4.vii - which states that this board must disseminate among its members information on all matters affecting the Company and its members, and to provide a central channel of communication for the members.

Now - you can find many semantic reasons for not fulfilling your commitments to this community - and I am sure they will come - excuses and all the rest of it - and I'm pretty sure I could find relevant sections of the companies act - particularly about directors acting in good faith - but then at some point - the  whole "that applies to shareholders, hence registered members" argument would most likely appear - been down that road before as well.

Here is a suggestion to this board - if you don't have the time and effort to fulfil the commitments YOU made in the time frames YOU made them - maybe it's time to cancel ALL board travel - so instead of wasting this communities money on flying around the world for a week or two per board member - you have the time to fulfil your responsibilities as a board?

It is a disgrace that a board elected by this community - a board that lobbied on platforms of transparency, of openness, of promoting the bottom up approach, would sit and promise answers to this community and then miss the deadlines they themselves set, not once, but twice.

If you don't have time to do the job - why did you put your name forward - get elected - and take the job.

Saddened and disillusioned (even more so than before)

Andrew

From: Sunday Folayan [mailto:sfolayan at gmail.com]
Sent: 24 September 2017 22:08
To: Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>>
Cc: General Discussions of AFRINIC <community-discuss at afrinic.net<mailto:community-discuss at afrinic.net>>; AFRINIC Board of Directors' List <board at afrinic.net<mailto:board at afrinic.net>>
Subject: Re: [Community-Discuss] Requests and questions

Dear Mr Alston,

2nd October 2017.

Thanks and Regards ...

Sunday.
On 22/09/2017 22:58, Andrew Alston wrote:
Sunday - let us be clear here - is that two weeks since the original expiry date 10 days ago?

Is that 10 days from today?  Is that 14 days from today?  Sorry - but after you've missed your own deadline by 10 days and taken 10 days to request the extension - it now becomes incumbent on you to give specifics as to exactly when we can expect the answers you committed to, so let's avoid any ambiguity here - can we have a date please

Andrew

From: Sunday Folayan [mailto:sfolayan at gmail.com]
Sent: 23 September 2017 00:52
To: Andrew Alston <Andrew.Alston at liquidtelecom.com><mailto:Andrew.Alston at liquidtelecom.com>
Cc: General Discussions of AFRINIC <community-discuss at afrinic.net><mailto:community-discuss at afrinic.net>; AFRINIC Board of Directors' List <board at afrinic.net><mailto:board at afrinic.net>
Subject: Re: [Community-Discuss] Requests and questions

Dear Mr Alston,

Kindly accept my apology for a delayed response to your questions.

The response is pending the final consideration of the Board.

I will appreciate an extension of two weeks.

With kind regards ...

Sunday Folayan.
On 21/09/2017 23:32, Andrew Alston wrote:
Dear Sunday and Board of Directors,

It concerns me greatly that the elected board of a community based organisation would make clear and firm commitments to reverting back to this community on some pretty serious questions - then miss the deadline they themselves set with no explanation to the community who is waiting for answers.  And then, when questioned as to when the commitments made by the board would be met - stay entirely silent and say nothing.

I understand that the board is busy, but a commitment is a commitment, and it is not this community that set the time frames here - it was the board who promised such.

Again I ask - when will the board meet its commitments to this community that are clearly stated below?

Andrew

From: Andrew Alston [mailto:Andrew.Alston at liquidtelecom.com]
Sent: 18 September 2017 09:54
To: Sunday Folayan <sfolayan at gmail.com><mailto:sfolayan at gmail.com>
Cc: General Discussions of AFRINIC <community-discuss at afrinic.net><mailto:community-discuss at afrinic.net>; AFRINIC Board of Directors' List <board at afrinic.net><mailto:board at afrinic.net>
Subject: Re: [Community-Discuss] Requests and questions

Dear Sunday, Board of Directors.

As per the below, we were told we would have a response within 60 days - this is now 3 days overdue.

Can we please get an indication on when this commitment that was made will be met?

Thanks

Andrew

From: Sunday Folayan [mailto:sfolayan at gmail.com]
Sent: 15 July 2017 09:03
To: Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>>
Cc: General Discussions of AFRINIC <community-discuss at afrinic.net<mailto:community-discuss at afrinic.net>>; AFRINIC Board of Directors' List <board at afrinic.net<mailto:board at afrinic.net>>
Subject: Re: [Community-Discuss] Requests and questions

Dear Mr Alston,

Thank you very much for your email and questions.

The Board will get back to you within the next 60 days.

Regards ...

Sunday.

On 14/07/2017 07:57, Andrew Alston wrote:
Dear AfriNIC Board,

I have been advised that when I had questions or request, that I put them in simple, direct requests.  The following are a list of requests

  1.  Can the board please commission an investigation into whether the lack of a bi-directional transfer policy puts AFRINIC at risk of running afoul of the Mauritius Companies Act of 2007, and in what areas, and exactly what the potential liability is.
  2.  Can the board please advise the time frames required to commence such an investigation, and once said investigation has been commissioned, advise on the time frames to complete said investigation, and once concluded advise the community of the full results of said investigation
  3.  Can the board please investigate if the proceedings of board sub-committees, under Mauritian governance, form part of board proceedings, and if they do, advise the community when the meetings of said proceedings shall be published as per the agreement to publish the minutes of board meetings.
  4.  Can the board please commission an investigation into the limits that the RSA can be modified without member consent in the context of Mauritian law and advise the community of the results (Under Mauritian law, can a contract be changed without the consent of both parties, to the detriment of one, irrespective of what is already signed)
  5.  In addition to my request this morning on the members list requesting the board to check if any procedures and policies required by any MOU to which AFRINIC is a signatory are missing, can the board please investigate if there are any policies, procedures or committees that are required by a.) the CPM b.) The bylaws c.) the companies act d.) any other source which binds the company and advise the community of a.) the time frames to complete said investigation and b.) once known, the full list of outstanding policies/procedures/committees and c.) the time frames to rectify these areas.

I look forward to hearing the results of the above.

Many Thanks

Andrew Alston

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Sunday Adekunle Folayan

Managing Director

General data Engineering Services (SKANNET)

16 Oshin Road, Kongi Bodija, Ibadan - Nigeria

Phone: +234 802 291 2202, +234 816 866 7523

Email: sfolayan at skannet.com.ng<mailto:sfolayan at skannet.com.ng>, sfolayan at gmail.com<mailto:sfolayan at gmail.com>

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Sunday Adekunle Folayan

Managing Director

General data Engineering Services (SKANNET)

16 Oshin Road, Kongi Bodija, Ibadan - Nigeria

Phone: +234 802 291 2202, +234 816 866 7523

Email: sfolayan at skannet.com.ng<mailto:sfolayan at skannet.com.ng>, sfolayan at gmail.com<mailto:sfolayan at gmail.com>

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Community-Discuss mailing list

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https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>

--

--------------------------------------------------

Sunday Adekunle Folayan

Managing Director

General data Engineering Services (SKANNET)

16 Oshin Road, Kongi Bodija, Ibadan - Nigeria

Phone: +234 802 291 2202, +234 816 866 7523

Email: sfolayan at skannet.com.ng<mailto:sfolayan at skannet.com.ng>, sfolayan at gmail.com<mailto:sfolayan at gmail.com>

---------------------------------------------------

--

--------------------------------------------------

Sunday Adekunle Folayan

Managing Director

General data Engineering Services (SKANNET)

16 Oshin Road, Kongi Bodija, Ibadan - Nigeria

Phone: +234 802 291 2202, +234 816 866 7523

Email: sfolayan at skannet.com.ng<mailto:sfolayan at skannet.com.ng>, sfolayan at gmail.com<mailto:sfolayan at gmail.com>

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