[Community-Discuss] Comments from GovCom Communique

[Owen DeLong]

In fact, in electing one member for a 2-year remainder of term two years ago, the precedent in question has already been set by decision of the membership at that time.

Owen


> On May 17, 2022, at 17:45 , Sunday Folayan <sfolayan at gmail.com> wrote:
> 
> Dear Mr. NANGHAKA,
> 
> 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.
> 
> What is "bi-election" and what is "bi-election mechanisms?" Do you mean by-elections?  I am lost, as to these inventions that seem to obfuscate the issue..
> 
> If you mean by-election above, then stating that there is no provision for by-election in the by-laws is not correct.
> 
> 10.2) For the removal of doubt, where during the holding of an AFRINIC election, any issue is raised, which is not expressly provided for in this Constitution, the members present shall collectively and by consensus resolve it. Such resolution shall for the future AFRINIC elections be applied as a precedent and become an integral part of the election guidelines.
> 
> AfriNIC Election begins right from Vacancy, not Voting. Plenty of Election issues have been raised by the Board, GovCom and us herein. Give members the opportunity to resolve any contentious issue, as provided by the bylaw so that it can become a precedent. 
> 
> Simply put it all on the AGMM agenda for members to discuss, vote upon and resolve.
> 
> Sunday.
>  
> 
> On Tue, May 17, 2022 at 6:45 AM DANIEL NANGHAKA <dndannang at gmail.com <mailto:dndannang at gmail.com>> wrote:
> 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
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