[Community-Discuss] Comments from GovCom Communique

[Sunday Folayan]

Dear Mr Nanghaka and GovCom,

A gentle reminder.

I know you are busy, but do find the time to review my comments, and
compare against the bylaw.

Good evening.

Sunday.

On Fri, May 20, 2022 at 11:26 AM Sunday Folayan <sfolayan at gmail.com> wrote:

> 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
>>>>> _______________________________________________
>>>>> Community-Discuss mailing list
>>>>> Community-Discuss at afrinic.net
>>>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>>>>
>>>> _______________________________________________
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>>>>
>>>>
>>>>
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