[rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC"

[Andrew Alston]

Let me put this another way - and I formally request that the board seek legal opinion on this and provide this community feedback - in the event of a clear and substantiated legal risk to the company - that has been officially stated by legal council - existing, and a director continuing to advocate for the same - does this not constitute a breach of section 143.c and potentially 143.d of the Mauritian companies act.

While in the past we have all agreed that board members have the right to partake in the PDP - something I fully and wholeheartedly support - and while I think it is prudent to assume that legal risk raised must be clearly substantiated before a breach of fiduciary duty can occur, I would like legal view on where this line is - and I would like the board to provide this feedback to the community in official capacity

Thanks

Andrew

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________________________________
From: David Hilario <d.hilario at laruscloudservice.net>
Sent: Wednesday, July 12, 2017 1:34:12 PM
To: Bope Domilongo Christian
Cc: rpd List
Subject: Re: [rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC"

Hi Christian,

On 12 July 2017 at 12:01, Bope Domilongo Christian
<christianbope at gmail.com> wrote:
> [Speaking on my own capacity]
>

I understand this to mean the "board hat" has been removed.

> I have been in support of this review policy proposal since its inception
> and have followed carefully the progression.
> My support counted in those who made the policy proposal enter the last
> call.
>
> I expect its adoption as this region really needs such a POLICY specifically
> in post IPV4 transition and for the sake of transparency and accountability
> of the management of public resources.
>


When it will be time for you to ratify the policy, with the "board
hat" back on, how can you possibly then ratify a policy that has a
direct negative feedback from the AFRINIC ltd's legal advisor from the
company you then represent?

A policy that potentially puts the company at risks according to the
legal advisor's own report.
Doesn't that puts you as a board of directors member, who is expected
to work in the best interest of the organisation "AFRINIC Ltd" in a
tough position to justify even considering passing such a policy, with
hat on or not.

> With Best Regards,
> Christian D. Bope
>
> On 12 July 2017 at 16:30, Noah <noah at neo.co.tz> wrote:
>>
>>
>>
>> On 12 Jul 2017 9:47 a.m., "Bill Woodcock" <woody at pch.net> wrote:
>>
>>
>> 18 Against:
>> "chenghn at chinaccsi.com" <chenghn at chinaccsi.com>
>> Andrew Alston <Andrew.Alston at liquidtelecom.com>
>> Bastein Li <bastienlee at qq.com>
>> Christopher Mwangi <christopher.mwangi at liquidtelecom.com>
>> David Hilario <d.hilario at laruscloudservice.net>
>> Derrick Harrison <derrick.harrison at sonictelecoms.co.za>
>> Douglas Onyango <ondouglas at gmail.com>
>> Kris Seeburn <seeburn.k at gmail.com>
>> Lu Heng <h.lu at anytimechinese.com>
>> Mark Elkins <mje at posix.co.za>
>> Mark Tinka <mark.tinka at seacom.mu>
>> McTim <dogwallah at gmail.com>
>> Mike Silber <silber.mike at gmail.com>
>> Nishal Goburdhan <nishal at controlfreak.co.za>
>> Noah <noah at neo.co.tz>
>> S Moonesamy <sm+afrinic at elandsys.com>
>> Saul Stein <saul at enetworks.co.za>
>>
>>
>> Hi Bill
>>
>> on the contrary, I actually support the policy just like other folks which
>> is why it reached the last call. This policy would enable AFRINIC just like
>> ARIN, RIPE NCC and other RIR to effect compliance.
>>
>>
>>
>> So, the next question might be whether this is a winner-take-all vote, or
>> an assessment of whether a clear consensus exists.
>>
>>
>> We continue to trust the co-chairs who have guided us to this stage.
>>
>> Cheers
>> Noah
>>
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>>
>
>
> _______________________________________________
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>


David Hilario

IP Manager

Larus Cloud Service Limited

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