[Community-Discuss] The Looting of AFRINIC

[Andrew Alston]

I also have significant concerns about what was said here.

Fact - the issue of stolen IP address space was raised with AfriNIC - AFTER Alan left - and a block was recovered.  I have email trails and personally had conversations with board members post the leaving of the former CEO about this.
Fact - the board tried to put this issue all on the former CEO - they were aware of the issue long before the latest article - to say otherwise - can be easily disproved.

Furthermore - in the board report in relation to the auditors - I acknowledge the boards right to appoint new auditors to fill a casual vacancy.  I find it very difficult to reconcile though why, if they have a letter, that simply makes vague reference to a risk, that resulted in the resignation of an audit firm - with nothing more in the letter than that, why this board refuses to share said letter with this community.  Is it not the right of the community to understand and see the risks stated by the auditors the members appointed?

In addition to this - The law lays out a very clear way in which an auditor can resign - it is entirely in their rights to resign - however - reasons must be given - and the process for the auditor to resign post appointment is very different from the process under which they choose not to be re-appointed - they do not have to give any reasons for not wanting to be reappointed - providing they give 28 days notice before the AGMM.  This was not done - so why is the board - if as they claim - sitting without reasons - not enforcing the companies act to get clarification on those reasons - is a risk that is so substantial as to require an auditor to resign - not substantial enough to justify far more than a polite request which as they claim is going unacknowledged?

This doesn't add up - if an auditor is resigning - the number of times you see that happen in the market is so few and far between, and in almost every case I have found looking into this - it signified a massive and profound problem - because by resigning - in my view - the auditor is sending a signal to the members - either they cannot evaluate the risk and be able to state that the company will be a viable going concern going forward - or - they were in a position where even the qualification of the report was not an option.  This is NOT something any auditor will do lightly - ever - and it is absolutely incumbent on the board as per the bylaws to diligently and without delay seek those reasons and disclose them.

Section 3 of the bylaws mandates the board to communicate on all matters relevant to the company - and quite frankly, if the board doesn't have the answers as to why the auditors left - it is their duty to go and FIND those reasons - and if need be compel a statement on those reasons - and then communicate it to this community.  To simply bury the issue by saying they are appointing another auditor - doesn't cut it - the answers have to be supplied - what was so bad that the auditors couldn't continue

As Wayne said - over the last few years, we have seen scandal after scandal with AfriNIC - and each time - there is another one on the horizon.  Yes we have a new CEO - and yes - I applaud him for trying here - but unfortunately - this community has over the last 2 years seen enough that the time for platitudes and telling us to wait a little longer is over.   The time for answers is now.  As for hearing Afrinic is following the law about appointing the auditors - we get that - no one disputes that - however - that doesn't answer the fundamental question - why will the board not disclose the resignation letter - and if the resignation letter does not detail the risks - why has the board not attempted to compel the answers.   The appointment of new auditors is NOT a risk mitigation or a risk elimination - the risks that caused PWC to walk are very clearly still present - this community has a right to know what those are.


Andrew


From: Wayne Diamond <wayne at domains.co.za>
Sent: Friday, 6 December 2019 14:30
To: Ronald F. Guilmette <rfg at tristatelogic.com>; General Discussions of AFRINIC <community-discuss at afrinic.net>
Subject: Re: [Community-Discuss] The Looting of AFRINIC

Hi

The problem I seem to be having at the moment with AfriNic is that is seems to be stumbling from one crisis to the next crisis with promises made by both the board and the new CEO to investigate/ report back/ resolve/ mediate etc.

I accept that the new CEO tenure has just started and that he has to figure out what is happening in these muddy waters and the CEO has given his undertaking to the community to investigate / report back and given a multitude commitments but the reality is that that these communication seem to have almost dried up.

There have been so many issues brought up by various people relating to everything from theft to corporate governance at AfriNic that the community can no longer wait for the odd communication from the CEO and/ or Board and that we the community are now needing the CEO / Board to start providing more regular & constant updates that would show that we as a community should trust or should begin to trust the CEO / Board that these issues are being handled correctly, legally and without fear or favour.

We seem to constantly be told that there are investigations happening but never seem to be given clear completion dates nor seem to be given answers after completion of said investigations. Investigation seem to be forever ongoing with no clear deadline for completion or extension of deadline if not complete by said date.

Every issue always seems to be confidential, yet the community is not clearly informed of outcomes of these investigations and that in itself is where the issue of trust starts failing.

As there are so many issues that seem to be ongoing, I would ask if the CEO / Board would start sending out regular communications at least twice monthly on updates / outcomes of any issues that are outstanding. These don't have to be long but could cover various points under review.

In my opinion, communication and trust is what is missing at the moment, these need to be restored by the CEO/Board


Wayne








-----Original Message-----
From: Ronald F. Guilmette <rfg at tristatelogic.com<mailto:rfg at tristatelogic.com>>
Sent: 06 December 2019 01:17 PM
To: General Discussions of AFRINIC <community-discuss at afrinic.net<mailto:community-discuss at afrinic.net>>
Subject: Re: [Community-Discuss] The Looting of AFRINIC

In message <14BBAB93-2E14-4338-81C4-87B8FECEFF88 at wacren.net<mailto:14BBAB93-2E14-4338-81C4-87B8FECEFF88 at wacren.net>>,
Omo Oaiya <Omo.Oaiya at wacren.net<mailto:Omo.Oaiya at wacren.net>> wrote:


>On a serious note, we need a proper investigation. Let's wait to hear

>from the CEO


Have any of us been doing otherwise, for lo these past three months now?

Have we been afforded any other choice in the matter?

Can AFRINIC clean its own stables?


Regards,
rfg

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