[Community-Discuss] Comments from GovCom Communique

[Paul Hjul]

"I hope this puts to rest the ongoing debate and clears the way for a
successful AGMM."
Frankly this is the wrong attitude. The defects with the AGMM are varied
and your "explanation" misses the simple point. The bylaws envisage that at
each AGMM there is an election. At that election the seats that become
vacant through term expiry must be held. Also at that AGMM must board
filled vacancies be up for election. Also any vacancies that have otherwise
arisen must be filled. There is no gap in the bylaws or need to depart from
this principle. If a situation where to arise where there is a lack of
directors then Mauritius law provides an answer that involves the courts.
Following the bylaws does not disrupt the sequencing, the ONLY time
sequencing would become an issue is if a person is given a new three year
term when filling a vacancy. Basic reading of the bylaws makes it clear
that the purpose of the language requiring a preservation of sequencing is
to ensure that vacancies are filled to run with the original term.

We don't know - because Afrinic have not disclosed - what the court has
ordered. What we do know is that the order will impact on the AGMM. We also
know that the govcom didn't properly apply it's mind and/or erred in its
recommendations and advise.

Paul


[Community-Discuss] Comments from GovCom Communique
DANIEL NANGHAKA dndannang at gmail.com
Tue May 17 05:42:36 UTC 2022
Previous message: [Community-Discuss] Will the AGMM still be held as
scheduled, if not can an SGMM or further information and engagement session
be held on those dates?
Next message: [Community-Discuss] Comments from GovCom Communique
Messages sorted by: [ date ] [ thread ] [ subject ] [ author ]
Dear Community,

I want to thank the community for the comments and suggestions made after
the Governance Committee published its communique on the recommendations
made to the AfriNIC Board. GovCom plans to take all the suggestions and
comments into the next meeting and deliberate on them further. We take note
of the comments/recommendations made especially by Mr. Folayan and Mr.
DeLong.

I would however like to remind the community about the provisions within
the current By-Laws that lead to the recommendations GovCom made to the
Board. There only provisions within the current By-Laws that would enable
a person to be a member of the AfriNIC Board.
Filling of a Casual Vacancy in pursuit of Article 13.14 of the By-Laws
Conduct of Elections with a full tenure of three (3) years in pursuit of
Article 13.5, Article 13.6, and Article 13.7 of the By-Laws
Either the Board, NomCom, ECom, GovCom, or even Members at an AGMM have the
power to vary the sequence seats for Directors are elected or the mandated
3-year tenure of an elected Director
The proposals suggested by Mr. Folayan and Mr. DeLong where the Board
conducts elections out of sequence for certain seats and for the remainder
of the unexpired term of the seat is likened to a bi-election mechanism.
Unfortunately, there are no such provisions for bi-elections within the
current By-Laws 2020. And as such, it would be a clear breach of the
provisions in the current By-Laws.

In regards to the Eastern Africa seat, the Board restored the tenure of the
elected Director to the mandated 3-year term. They were no extensions of
the tenure as the Board did not have the mandate to reduce the tenure to
2-years in the first place.

I hope this puts to rest the ongoing debate and clears the way for a
successful AGMM.

regards,

Daniel
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.afrinic.net/pipermail/community-discuss/attachments/20220517/02578ecc/attachment.html>