[AfriNIC-rpd] NomCom at AFRINIC-16

Wed May 23 15:14:03 UTC 2012

On Wed, May 23, 2012 at 5:49 PM, gift <gift at itibots.com> wrote:
> Whilst we wait for the learned, I believe  the bylaws can be made to be
> technology neutral and flexible without violating the Act, as long as
> members agree. Also as far as I can see the Companies Act of Mauritius is
> fairly standard and similar to most other jurisdictions in particular with
> reference to the issues under discussion here. So we must not believe we are
> facing a country challenge but rather a general legal compliance issue which
> can be handled. As currently worded and if applied to the letter they are
> restrictive in areas e.g 10.33 and 10.36. seems to be anti-e. Amendments can
> always be made I guess. To help this discussion I copy below the relevant
> section from bylaws:
>
> Proxies
>
> 10.31 A Member may exercise the right to vote either by being present in
> person or by proxy.
>
> 10.32 A proxy for a Member may attend and be heard at a General Meeting as
> if the proxy were the Member.
>
> 10.33 A proxy shall be appointed by notice in writing signed by the Member
> and the notice shall state whether the appointment is for a particular
> General Meeting or a specified term.

It appear this eliminate option for electronic proxy!!

Are we stuck with paper proxy?

> 10.34 No proxy shall be effective in relation to a General Meeting unless a
> copy of the notice of appointment is produced before the start of the
> General Meeting. Any power of attorney or other authority under which the
> proxy is signed or a notarially certified copy shall also be produced.
>
> 10.35 A proxy form shall be sent with each notice sent to a Member.
>
> 10.36 The instrument appointing a proxy shall be in writing under the hand
> of the appointer or of his agent duly authorised in writing or in the case
> of a corporation under the hand of an officer or of an agent duly
> authorised.

Also this one. All proxy to be manually hand written.

> 10.37 The instrument appointing a proxy shall be in such form as may be
> determined by the Board from time to time or, in default of such
> determination, in the following form -
>
> I/we ................................. of .................. being members
> of the above named company hereby appoint ..................………………… or
> failing him/her, ........………….......... of ...........................……..
> as my/our proxy to vote for me/us at the meeting of the company to be held
> on ....................... and at any adjournment of the meeting.
> Signed this ................ day of ...........................……….
>
>
>
>
>
> On 23/05/2012 04:30 PM, Andrew Alston wrote:
>
> I have to agree with Badru here, and I have seen challenges solved in
> similar ways in other companies.  One such example is where a particular
> country law required a certain company to have a number of directors within
> the country it was founded.  This wasn't an option, but the law didn't have
> the same requirement if the company was founded as a trust rather than the
> other option.  So simple, change how the company is registered to find laws
> that actually allowed the mandate to be carried out.
>
> I don't think we are as bound by Mauritian law as we believe, if its not
> working for us as a community, the community can ask for a change.  (Note, I
> am NOT advocating using this rather drastic method, I'm just saying that we
> have that option should we ever choose to exercise it)
>
> Andrew
>
> On 23 May 2012, at 2:12 PM, Badru Ntege wrote:
>
> McTim
>
> AfriNIC is a regional body serving the entire African region.  I think if
> the membership all agree on a policy like e-voting which at the time they
> believe is in the best interest of the community and we have a jurisdiction
> problem,  I know they can be over 52 other ways to fix that challenge.  We
> should not allow country specific issues to obstruct the mandate of AfriNIC.
>
> On the issue of e-voting my view is we pursue a parallel implementation for
> at least two future elections before completely eliminating the paper
> process.    This will allow all of  us of to be comfortable with the
> transition and also make sure we have not left members behind in our quest
> to modernize.
>
> regards
>
>
> -----Original Message-----
> From: rpd-bounces at afrinic.net [mailto:rpd-bounces at afrinic.net] On Behalf
> Of McTim
> Sent: Wednesday, May 23, 2012 3:42 PM
> To: AfriNIC Resource Policy Discussion List
> Subject: Re: [AfriNIC-rpd] NomCom at AFRINIC-16
>
> Hi all,
>
>
> I think we need Ashok, our legal counsel to weigh in here, so I have cc:ed
>
> him.
>
> My question to Ashok is:
>
> Does MU law prohibit us from using e-voting only?  In other words, does MU
> law insist on physical proxies, or can we use e-proxies/e-voting only?
>
> --
> Cheers,
>
> McTim
> "A name indicates what we seek. An address indicates where it is. A route
> indicates how we get there."  Jon Postel
>
>
> On Wed, May 23, 2012 at 5:19 AM, ALAIN AINA <aalain at trstech.net> wrote:
>
> On May 22, 2012, at 11:10 PM, Andrew Alston wrote:
>
> Hi All,
>
> The simple fact in my view is that sadly, what is broken goes beyond
> the simple rules and bylaws.  Yes, the bylaws and rules need to be
> changes to avoid the abuse of loopholes which allow people to act
> outside of the will of the community, and I hope to see this happen.
> But more to the point, what I saw in Gambia was a huge amount of
> factionalization and large political undercurrents that distract from
>
> the real
>
> issues.
>
> Until we fix this people will continue to attempt to use the political
> process to advance their own agendas. The sad fact is, fixing the
> rules should be the easy part, fixing the various factions is far
>
> harder.
>
> With regards to the bylaws though, I looked a minute ago at the
> submitted comments on the bylaw revisions and with all this debate
> going on, was shocked to find that there were only two submitted
>
> comments, both mine!
>
>
> You will see more soon and before the deadlines and we will keep a
> close eyes on the next step for the bylaw revision
>
> Thanks
>
> --Alain
>
> The PDP list has become far more active since Dar Es Salaam but when
> there is a call for comments on the bylaws and there are no comments,
> I once again worry about community involvement. It is well and good
> for all of us, myself included, to sit here and state the problems,
> but if we don't submit comments through the right channels nothing will
>
> change!
>
> I therefore appeal to you all to please let your voices be heard, lets
> fix the rules and at the same time work on working together as a
> community on the real business of AfriNIC.
>
> Thanks
>
> Andrew
>
> P.S sorry for any typos and formatting errors, enabling from a phone
> is a pain!
>
> On May 22, 2012 6:54 PM, "Sunday Folayan" <sfolayan at gmail.com> wrote:
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> --
> Gift Shava
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>
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