[Community-Discuss] Comments from GovCom Communique

Sun May 22 17:19:05 UTC 2022

Noted with thanks.

On Sun, May 22, 2022, 8:17 PM Sunday Folayan <sfolayan at gmail.com> wrote:

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