[rpd] AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC)

[abel ELITCHA]

Dear SM,

2017-06-15 16:27 GMT+00:00 <sm+afrinic at elandsys.com>:

>
> This Board member has a legal obligation towards Afrinic Ltd.  I noticed
> some comments about the legal aspects in the staff assessment report for
> AFPUB-2016-GEN-001-DRAFT-04.  I cannot overlook that even though the
> proposal attained consensus at the last public policy meeting.
>

Thank you for  taking very seriously the legal concensus about this policy.
We all do share your concerns.  Nevertheless,  I think we have had long
discussions on this topic since last year and we can assume that it is a
closed issue by now; unless a major objection is  raised.

AFRINIC Ltd Bylaws (1) reads at Section 15.5:
"... 15.5 Conflict of Interest
(i) A Director of the company shall, where he/she has a potential or actual
conflict of interest in any matter brought before the Board, disclose such
potential or actual conflict to the Board.
(ii) The said Director shall recuse himself/herself from voting on any such
matter before the Board where such a conflict exists or may exist
(iii) The remaining members of the Board may decide that said Director
should be excluded from discussion of such matter where a conflict exist or
may exist."

COI here is exclusively referring to Board related matters not towards the
policy development working group.




>
>> It may be easier if the authors ask the Working Group Chairs to request a
> legal analysis.    The alternatives are complicated.
>

According to AFRINIC CPM Section 3.4.1(2) :
"...The Working Group Chair(s) may request AFRINIC to provide an analysis
(technical, financial, legal or other), of the impact of the draft policy
proposal...."
So,  Chairs can make the request if  they see the need. No action required
from authors.



>
> Regards,
> S. Moonesamy
>
>
(1) https://www.afrinic.net/en/about/bylaws/2001-afrinic-bylaws-2016
(2)
http://www.afrinic.net/library/policies/1829-afrinic-consolidated-policy-manual#PolicyDevelopmentProcess



> _______________________________________________
> RPD mailing list
> RPD at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/rpd
>

Best Regards,

-- 
--Abel
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.afrinic.net/pipermail/rpd/attachments/20170615/58515f55/attachment.html>