[Community-Discuss] AFRINIC and the GDPR

Wed Apr 11 16:09:29 UTC 2018

That isn’t the question.

The question is… Since the wording of the motion specifically states “by ballot at the SGMM”, I am asking whether said ballot would include electronic voting leading up to the SGMM or not.

It could be argued that the specific text of the motion precludes electronic voting participation and only allows those present at the SGMM to cast votes (whether their own or as proxies for those not present or combination), depending on the specific legal definition of “ballot at the SGMM” under the regulations governing same.

It seems to me that clarification on this question is quite vital as I believe that the outcome of such an election could be severely tainted if electronic voting is not permitted.

While I do not have the ability to vote in either case, it seems to me that voters should be well informed of how the choice of electorate is affected by the wording in the motion prior to voting on the motion.

Owen

> On Apr 11, 2018, at 07:21 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Owen,
>  
> I would presume that people could still vote for said directors – both before or after the vote is passed if it does indeed pass.
>  
> I would however hope that if the vote passed – the directors who were part of the current board would do the honorable thing and honor the motion and step aside.
>  
> Andrew
>  
>  
> From: Owen DeLong [mailto:owen at delong.com] 
> Sent: 11 April 2018 17:15
> To: Jan Zorz Go6 <jan at go6.si>
> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>; community-discuss at afrinic.net; members-discuss at afrinic.net
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> Can we get a clarification from staff whether the wording in this motion would permit or preclude electronic voting for the directors to be elected at the proposed SGMM?
>  
> Thanks,
>  
> Owen
>  
> 
> 
> On Apr 11, 2018, at 06:10 , Jan Zorz Go6 <jan at go6.si <mailto:jan at go6.si>> wrote:
>  
> Oh boy... Interesting AGMM awaits in Dakar, as it seems :)
> 
> Cheers, Jan Žorž
> ---
> Sent from mobile phone, please excuse brevity and top-posting...
> On Apr 11, 2018, at 15:06, Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
> Hi Sander,
> 
> Mark tabled the following motion (and has agreed to let me send this to the community list on the phone just now) – this motion has also been accepted in emails to the members list from the board 
> 
> 
> ---- From Mark’s email to the member list ----
> 
> I have been watching the mailing lists where Sunday, whom I consider a friend, has admitted to violating the NDA. He has stood down as chair but not tendered his resignation. There was a Board Meeting last night according to the mailing lists. The Board appear not to have ask Sunday to stand down (there was no announcement along these lines, therefore I request the following be tabled at upcoming AGMM in Dakar. As this is not a vote to remove the directors, but rather to express the communities lack of confidence in them, and to request their resignations, I request that this be tabled as a standard resolution.
> 
> Introduction:
> 
> In 2014, the board of directors (I was a director at that time) passed a resolution laying out the sanctions for NDA violations – that violations of the NDA could be result in expulsion from the board of directors.  In 2014, during a meeting in Tunis, that resolution was used to request, and subsequently gain, the resignation of two members of the board of directors.
> 
> During allegations made recently on an unrelated matter, it came to light that the former chair of the board, Mr Sunday Folayan, wilfully and blatantly shared information related directly to the company, with a junior member of staff, and an admission in this regard was made to the community in an email sent by Mr Folayan on the 16th of March 2018.
> 
> It is my belief that the sharing of the information was a direct contravention of the NDA – as well as a direct contravention of various sections of the companies act relating to the duties and responsibilities of a director.
> 
> Since this time – there have been numerous calls for Mr Folayan to resign from the board – something that as of now he has not done.  There have also been numerous calls for the board to act against Mr. Folayan in this regard.  The board has failed to do this – and is acting outside of historic precedent regarding similar violations.
> 
> As such, it is my belief that the entire board is in violation of its duties and of the trust of the community – the degree of that loss of confidence will be tested by this motion as is proper procedure.
> 
> It is also acknowledged that the board has the right to defy this motion and continue to claim legitimacy under strict legal interpretation – hence – this motion is phrased as a request – with the knowledge that should the board not adhere to this request if this motion passes – they will lose all credibility and the ability to claim legitimacy as representatives of the member base of AfriNIC – irrespective of their legal standing.
> 
> As a former Board member and the proposer of this resolution, I wish to state that if this motion be passed and the request granted, I will not be standing for any seat myself.
> With this in mind:
> 
> The members of AfriNIC here by RESOLVE:
> 
> To state that the members of AfriNIC have lost all confidence in the current board of directors to act in the best interests of the company or its registered, resource and associate members.
> To request the resignations of every member of the board of directors with immediate effect
> To request that Viv Padayachee act as caretaker director with the sole purpose of appointing a NomCOM and convening an SGMM at which a full election will be held to appoint a new board of directors
> To elect a new board of directors by ballot at an SGMM within 90 days of these proceedings – at which point directors elected will hold their positions for the remainder of the specific term of the seat to which they are appointed.
> 
> 
> ---- End of Mark’s email ----
> 
> On 11/04/2018, 16:00, "Sander Steffann" <sander at steffann.nl <mailto:sander at steffann.nl>> wrote:
> 
>     Hi,
>     
>  Considering that the board is facing a tabled and accepted motion of no confidence in Dakar – which has been accepted to the Agenda
>     
>     Wait, what motion? I have seen the message from Sunday that he is stepping down as chair, and I of course have seen the allegations. I haven't seen a motion on this list though...
>     
>     Cheers,
>     Sander
>     
>     
> 
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