[Community-Discuss] [members-discuss] Board update on Governance Committee Report

Mon May 7 00:47:21 UTC 2018

Let me add a further comment to what I wrote below,

It is not the fact that I distrust the boards report – it is the fact that the members of this community have absolutely no way to verify what is in the board’s report.  An independent report is exactly that – entirely independent – without interference or modification.

It is quite clear that a report that was written by the board does not meet the criteria for independent investigation as was demanded by the community, and if the board was in fact prepared to honor the bottom up approach that afrinic agreed to when they became signatories to the ICP-2 – they would have honoured the demand for an independent investigation and seen it through to its fulfilment.  Instead – they have chosen to play lip service to the nature of independent investigations and then attempt to convince this community that a report they themselves wrote was independent because it was (if they claims are accurate) BASED on an independent report.

At this point – we do not even know who was hired to conduct the report – we know that the GC had an investigative team do the investigation – but who was it?  Were they free of interference?  Did the board cooperate with the the investigation?  Did the board impede the investigation thereby influencing the report?  We simply cannot answer any of that without a copy of the report – which may well absolve the board of any wrong doing – but it is laughable to expect this community to accept what has been provided – because if the community had that kind of faith in this board – the demand for the investigation would never have occurred in the first place.

Andrew

From: Andrew Alston [mailto:Andrew.Alston at liquidtelecom.com]
Sent: 07 May 2018 00:40
To: Abibu Ntahigiye <abibu.ntahigiye at gmail.com>; members-discuss at afrinic.net
Cc: community-discuss at afrinic.net
Subject: Re: [Community-Discuss] [members-discuss] Board update on Governance Committee Report

Dear Mr Chair,

I want for  a second for us to step back and consider the entire event timeline here.

  1.  Damning allegations are made
  2.  The community demands from the board an _independent_ investigation because members of the board are implicated in said allegations
  3.  The board – to appease the community – commissions said _independent_ investigation
  4.  The investigation concludes – the board – rather than publish the _independent_ investigation – decides to publish their own report – that
     *   Is released through a chair that is running for re-election and is therefore has a DIRECT conflict of interest should the report indicate wrong doing on the part of the wider board
     *   Is a decision made by a board that contains yet ANOTHER member who is running for re-election and is ALSO therefore conflicted
     *   Contains a single statement of wrong doing against a director that has already resigned and is therefore in no position to see – or respond to the allegations made in the boards findings
     *   Promises some vague and unspecified actions on a date that is months past the election date and months before a meeting where the board can be held to account should those actions not be up to standard.

Please – at this point I have to ask – why did the board not just make up its mind and write its statement without the independent investigation – because they may as well have.  If the board cannot see the blatant conflict of interest in what they are doing, and the TOTAL failing of corporate governance here then quite frankly, they do not deserve to hold their positions at all.

By not publishing the report itself – you remove ANY and ALL independence from the report as was demanded by this community and as was promised by this board – and I, as a member, am nothing short of insulted by the fact that this board could consider this community so stupid as to be willing to accept this absolute farce.

Disgusted – beyond belief

Andrew

From: Abibu Ntahigiye [mailto:abibu.ntahigiye at gmail.com]
Sent: 06 May 2018 22:53
To: members-discuss at afrinic.net<mailto:members-discuss at afrinic.net>
Subject: [members-discuss] Board update on Governance Committee Report

Dear Afrinic Members,

The Board in March 2018, as per resolution 201803.391, tasked the Governance Committee (GC) to convene an investigation on allegations made by a staff member. The GC was requested to define the Terms of Reference (TORs) for an independent investigation, and to appoint an investigation committee.  The Board requested the findings to be reported by 30 April 2018.

The GC notified the community that they would deliver the report by 4 May 2018, and has submitted the report to the Board on 2 May 2018. The Board acknowledged receipt of the report. The Board is going to thoroughly consider the report and recommendations thereof, and will share with the community applicable actions and steps that will be taken in due course.

The Board has also been advised that in considering the report they need to be cognizant of issues of confidentiality and data protection.

With regards to allegations made against certain Board members, the Board can announce the following outcomes as derived from  the report:

  *   That there was a violation of the Non-Disclosure Agreement (NDA) and  section 153 of the Companies Act 2001, by Mr Sunday Folayan.

  *   That there is no evidence whatsoever against Haitham El Nakhal of having breached the terms of the NDA and/or section 153 of the Companies Act 2001.

  *   That the Investigation Committee (IC) is satisfied that there was no evidence of harassment, bullying or intimidation by Board members.

The Board will re-evaluate the interim Chair and Vice Chair appointments that were made in resolution 201803.398.

With regards to allegations made against certain members of staff, the Board observed from the IC report  that there may have been inappropriate behaviour on the part of certain staff members.

The findings and recommendations related to staff matters will be addressed through necessary processes.

We appeal to the community to allow the Board time to consider the report carefully, and provide feedback to the community no later than 31 July 2018 on the next steps and how the recommendations will be implemented.

Kind regards

----

Abibu R. Ntahigiye

Chair, Afrinic Board.

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