[Community-Discuss] [members-discuss] Congratulations to the new Chair & Vice-Chair of AFRINIC

Wed Jun 8 11:15:37 UTC 2022

Sorry, but I must disagree that it is something else.

As I stated to someone – there was a time when people stepped outside of the bylaws that on minor issues it would be overlooked – but the time has come and gone when there can be no more affordances granted – because the boards actions have placed the members in a position where now, every action will be questioned to be sure it is in line with the bylaws to the letter.

I point out that the website itself was updated with the new chair and vice chair – yet it also still shows the other directors as current – they aren’t. Despite an update having been done to that page that updates the chair and vice chair.

I point out that the extension of term for the vice chair was disputed – and the board minutes clearly show that it was disputed – and also clearly indicate that there were conflicting legal opinions about if it was even legal to do what the board did in extending that term – and now – despite that – the board went and made him vice chair against a resolution that is, at best, legally dubious since it is an open question if he is still legally a director – and I suspect that will be heard in court once the issue of the election challenges is heard properly.

So yes – people are asking questions – and not without cause – questions that every member has a right to – and probably should – be asking at every stage.

Andrew

From: Noah <noah at neo.co.tz>
Sent: Wednesday, June 8, 2022 1:57 PM
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: Mark Elkins <mje at posix.co.za>; AFRINIC Community Discuss <community-discuss at afrinic.net>; AfriNIC Discuss <members-discuss at afrinic.net>; Owen DeLong <owen at delong.com>
Subject: Re: [members-discuss] [Community-Discuss] Congratulations to the new Chair & Vice-Chair of AFRINIC

Andrew,
On Wed, 8 Jun 2022, 13:48 Andrew Alston, <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:
On the contrary Noah,

No one is “throwing shade” – we are asking the board to confirm that the process was correctly followed. Which, considering the events of the AGMM and the blatant violations of the bylaws that occurred there – is a very fair question to ask.

I am certain the CEO and the board have read your fair questions and without doubt they shall respond, however, the claims of lack of quorum by some is what I was referring to in respect to the bylaws which I attempted to explain and Mark Elkins did us a service to paste the said section for the doubtful thomas's among us.

And – if you dispute there were blatant violations of the bylaws in the context of the AGMM – Please, let me know – I will quote you chapter and verse as to exactly where they happened.

This is something else, so let us not mix things up.

Noah

Andrew

From: Noah <noah at neo.co.tz<mailto:noah at neo.co.tz>>
Sent: Wednesday, June 8, 2022 1:39 PM
To: Mark Elkins <mje at posix.co.za<mailto:mje at posix.co.za>>
Cc: AFRINIC Community Discuss <community-discuss at afrinic.net<mailto:community-discuss at afrinic.net>>; AfriNIC Discuss <members-discuss at afrinic.net<mailto:members-discuss at afrinic.net>>; Owen DeLong <owen at delong.com<mailto:owen at delong.com>>
Subject: Re: [members-discuss] [Community-Discuss] Congratulations to the new Chair & Vice-Chair of AFRINIC

Hi Mark

This is exactly what I was educating someone on a separate thread on members list but it seems we are a point where throwing shades at the board at any chance some folks get, is a thing now.

Noah
On Wed, 8 Jun 2022, 13:16 Mark Elkins, <mje at posix.co.za<mailto:mje at posix.co.za>> wrote:

Just so that people are clear... Page 30 of the AfriNIC Bylaws.... image cut from the PDF.

Thus if there are at least three Board Members, if one leaves the room - the last two can call a meeting, see that there is no quorum, send notice to the third, adjourn the meeting and then after at least 24 hours, conduct a meeting in quorum assuming then that there are at least three Board members. If this happens - it must be minuted.
On 6/8/22 6:36 AM, Andrew Alston via Community-Discuss wrote:
Hi Owen,

Well - it depends.  If a non-quorate meeting was called and then adjourned for 24 hours and reconvened they would gain quorum under the bylaws.

The question becomes - and this is where I am uncertain and believe it is open to debate - can a meeting be called knowing full well that quorum cannot be there and then adjourned for 24 hours to gain quorum - thereby deliberately exploiting a loophole.  It is one thing to call a meeting thinking you would have quorum - not getting it - adjourning for 24 hours and then gaining quorum after giving notice to the absent directors.  It is another thing entirely to call a meeting knowing full well quorum could not be met and having no one to give notice to.

Either way at bare minimum a meeting would have had to be called - adjourned 24 hours - and then reconvened to be quorate.  This would have to be minuted.  The board has been silent on if this process was followed despite members asking the question.  Once again we face a situation where this organization is not answering legitimate questions from its members - and to me that is even more troublesome than the quorum issue.

Furthermore - last I checked the board of directors page online had updated the chair and vice chair but was still showing the old directors listed as current - why has that not been updated to show the vacant seats accordingly

Andrew

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________________________________
From: Owen DeLong via Community-Discuss <community-discuss at afrinic.net><mailto:community-discuss at afrinic.net>
Sent: Wednesday, June 8, 2022 12:54:52 AM
To: Ish Sookun <ish.sookun at lasentinelle.mu><mailto:ish.sookun at lasentinelle.mu>
Cc: AFRINIC Community Discuss <community-discuss at afrinic.net><mailto:community-discuss at afrinic.net>; AfriNIC Discuss <members-discuss at afrinic.net><mailto:members-discuss at afrinic.net>
Subject: Re: [Community-Discuss] Congratulations to the new Chair & Vice-Chair of AFRINIC

How did the board hold a meeting given that they cannot field a quorum after the AGMM?

Owen

> On Jun 7, 2022, at 00:15 , Ish Sookun <ish.sookun at lasentinelle.mu><mailto:ish.sookun at lasentinelle.mu> wrote:
>
> Dear Mr. Eshun & Dr. Omari,
>
> I congratulate both of you for your appointment as Chairman and Vice-Chairman of AFRINIC respectively.
> I wish you all the best and hope you will be able to navigate the organisation through the rough waters.
>
> I also thank SM for his time, guidance and leadership.
>
> Regards,
>
> ———
>
> Ish Sookun
>
> Systems Architect @ La Sentinelle Ltd
>
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