[Community-Discuss] Board update on Governance Committee report

Mon May 7 10:10:04 UTC 2018

Let the report be shared in full detail - that is all
ᐧ

On 7 May 2018 at 13:04, Andrew Alston <Andrew.Alston at liquidtelecom.com>
wrote:

> Owen,
>
>
>
> I would even accept a minimally redacted version – so long as the
> redactions can be clearly seen – so we can see not the information that was
> redacted – but the context around the redaction.
>
>
>
> But – what we have at the moment is a report written by the board itself
> that has absolutely no independence whatsoever and no transparency – that –
> is not good enough
>
>
>
> Andrew
>
>
>
>
>
> *From:* Owen DeLong [mailto:owen at delong.com]
> *Sent:* 07 May 2018 12:56
> *To:* Ali Hussein <ali at hussein.me.ke>
> *Cc:* General Discussions of AFRINIC <community-discuss at afrinic.net>;
> KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> *Subject:* Re: [Community-Discuss] Board update on Governance Committee
> report
>
>
>
>
>
>
> On May 7, 2018, at 07:04, Ali Hussein <ali at hussein.me.ke> wrote:
>
> Apologies for cross-posting. Every African I believe needs to know what is
> going on at AFRINIC. For those who are hearing about AFRINIC for the first
> time please follow the link below
>
>
>
> About Afrinic <https://www.afrinic.net/en/about/origins>
>
>
>
> Dear Abibu
>
>
>
> Thank you for your report. This is much appreciated.
>
>
>
> I would like to state the following:-
>
>
>
> 1. That the community was expecting the Board to share the FULL report.
> This is in line with Corporate Governance Ethos and:-
>
>
>
> While I do agree that the board should share a minimally redacted version
> of the report, expecting the full report is unreasonable. It is virtually
> guaranteed that the report contains privileged information and private data
> regarding AfriNIC personnel which it would be inappropriate to disclose
> publicly.
>
>
>
>
>
> a) It will go a long way in ensuring that the community doesn't feel
> (rightly or wrongly) that there is any cover up being perpetrated by the
> board.
>
> b) Protects the board from allegations of impropriety.
>
> c) Will serve to start the process of healing and ensuring that AFRINIC
> continues its very important role in the African Internet Ecosystem without
> the cloud that is currently hanging over it.
>
>
>
> Agreed, and I hope the board will soon release a report with only minimum
> redactions where such redactions are fully visible.
>
>
>
>
>
> 2. To quote you:-
>
>
>
> ***'***
>
> *The Board has also been advised that in considering the report they need
> to be cognizant of issues of confidentiality and data protection*
>
> ***'***
>
>
>
> For you to make such a statement the community would like to know which
> by-laws you are quoting from and for it to satisfied that there is going to
> be breaches of confidentiality and data protection if the original report
> is released.
>
>
>
> Seriously? Any report of this nature is likely to contain the following
> categories of such information:
>
>
>
> 1. Personally identifiable information about AfriNIC staff, including
> members not subjects of the investigation.
>
>
>
> 2. Confidential information subject to the board NDA.
>
>
>
> 3. HR sensitive data which cannot be legally disclosed.
>
>
>
>
>
> Finally, this is to my fellow community members :-
>
>
>
> Let us be circumspect in how we engage on these emotive issues. Some of
> us seem to be engaging in a 'Scorched Earth Policy' agains the Board. This
> is ill advised. There are better ways of addressing these issues. With
> sobriety and a sense of collective responsibility. AFRINIC is a critical
> player in the ICT Ecosystem in Africa.
>
>
>
>
>
> Let us not throw the baby out with the bath water..
>
>
>
> Agreed.
>
>
>
> Owen
>
>
>
>
>
> Regards
>
>
>
>
> *Ali Hussein*
>
> *Principal*
>
> *AHK & Associates*
>
>
>
> Tel: +254 713 601113
>
> Twitter: @AliHKassim
>
> Skype: abu-jomo
>
> LinkedIn: http://ke.linkedin.com/in/alihkassim
>
>
>
> 13th Floor , Delta Towers, Oracle Wing,
>
> Chiromo Road, Westlands,
>
> Nairobi, Kenya.
>
>
> Any information of a personal nature expressed in this email are purely
> mine and do not necessarily reflect the official positions of the
> organizations that I work with.
>
>
>
> On Sun, May 6, 2018 at 10:55 PM, Abibu Ntahigiye <
> abibu.ntahigiye at gmail.com> wrote:
>
> Dear Afrinic Community,
>
>
>
> 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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>
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-- 

Regards
Nanghaka Daniel K.
Executive Director - ILICIT Africa / Chair - FOSSFA / Community Lead - ISOC
Uganda Chapter / Geo4Africa Lead / Organising Team - FOSS4G2018
Mobile +256 772 898298 (Uganda)
Skype: daniel.nanghaka

----------------------------------------- *"Working for Africa" *
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