[rpd] Re: [members-discuss] Separation of Powers in Afrinic - Community and Secretariat (Company)

[Douglas Onyango]

Hi Paulos,

On 19 June 2015 at 20:06, Dr Paulos Nyirenda <paulos at sdnp.org.mw> wrote:
> Under the current AFRINIC Board set-up and mode of operation, it will be very hard to
> make the governance committee (GC) work properly if it is not consisted of Board members
> only. Am not an authority on GCs but I am learning that there are many ways to set up
> and have ToRs for a GC.

Like Mike, I would be reluctant to support a composition of the GC
with any number of the board members that could influence the
deliberations and decisions of the GC.

I say this because I am fairly certain that the work of the GC will
revolve mostly around board actions/inaction and how to meet the ever
changing needs of the community.

> Such set-ups like CoE and the NomCom are already facing major challenges based on the
> same reasons, as we have already seem in that past few weeks.

I think the GC is, or should be a unique committee, with no execution
power, but with sufficient power to speak (advise) freely during their
reporting and engagement. For this very reason, I would be very
cautious about the nature of NDA, it could disadvantage GC  when issue
emerge in the board or organization, but they can't talk about or
provide remedial recommendations, on account of an NDA....defeating
the purpose of their existence

> If the GC is needed now then the best starting point is a committee that consists of
> Board members only. Such a GC should then be tasked also to make reforms for a more
> diverse GC in the second or future phase of GC set-up. This can get reformed as we
> reform the current Board guidelines, NDAs and bylaws.

A GC which is entirely made up of the board just beats the purpose. I
think Section 15.3x of the bylaws already empowers the board to
appoint a committee with whatever remit the board sees fit. I would
rather we took this path instead.