[Community-Discuss] Comments from GovCom Communique

[Sunday Folayan]

Dear Daniel,

I am sorry, you seem to have an interpretation problem with my post.

I have shown that there is nothing broken in the bylaw, that does not have
a mechanism for fixing.

Kindly show how I am against the bylaws.

Sunday.

On Fri, May 20, 2022, 11:20 AM DANIEL NANGHAKA <dndannang at gmail.com> wrote:

> Dear Sunday,
>
> Kindly take note that you were once the chair of the board and now you are
> against the same Bylaws.
>
> Your recommendations are important and you need to bring them forth.
>
> AFRINIC was designed and created for Africa, we need policies for the
> stability of the organisation and not fight against the good cause by our
> founding fathers.
>
> We should appreciate the fact that AFRINIC has come a long way.
>
> Daniel K.Nanghaka
>
>
>
>
> On Fri, May 20, 2022, 11:59 Sunday Folayan <sfolayan at gmail.com> wrote:
>
>> Yes. This is correct.
>>
>> A major worry is the way the board and its committees' are selective in
>> what to comply with, when it comes to the bylaw.
>>
>> There may be imperfections in that bylaw, but there are enough safeguards
>> for manoeuvering positively, until members can meet.
>>
>> Sunday.
>>
>> On Fri, May 20, 2022, 7:49 AM Owen DeLong <owen at delong.com> wrote:
>>
>>> 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>
>>> 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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>>>>
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>>>
>>>
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