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

Thu Jul 13 05:53:13 UTC 2017

Mr. Chair,

With all due respect, this is an untenable position. Placing the very co-chairs that are being appealed as gatekeepers to the appeals process creates such a blatant conflict of interest that I find it utterly stunning that you would propose such a thing.

The appeal process must be open to the community when the community determines that the co-chairs have failed to reach such an accommodation, not the other way around.

If the co-chairs are allowed to make this determination, co-chairs that do not want their decision appealed have an open invitation to stall any appeal as long as they wish.

As such, I beg you to reconsider this decision and restore integrity into the PDP for the good of the community.

Regards,

Owen

> On Jul 12, 2017, at 22:39 , Sunday Folayan <sfolayan at gmail.com> wrote:
> 
> Dear Mr Alston,
> 
> Thank you very much for requesting the setup of an appeal committee.
> 
> The Board does not see the need to keep a standing committee to handle appeals arising from Co-Chairs' decision on the PDWG.
> 
> If indeed there is the need to setup such a committee, the request will come from the co-chairs, who will declare that they were not able to reach an agreement with the aggrieved party, in accordance with Section 3.5 of the CPM.
> The interpretation of the Board is that two weeks begins from the date the Co-Chairs inform the Board that they are not able to reach an agreement with the aggrieved party. The Board will setup a committee within one week, leaving a clear one week for the party to file the appeal.
> Thanks and Regards,
> 
> Sunday.
> On 12/07/2017 13:49, Sunday Folayan wrote:
>> Dear Mr Alston,
>> 
>> I acknowledge your request.
>> 
>> The Board will get back to you on this. 
>> Kind Regards ...
>> 
>> Sunday.
>> On 12/07/2017 11:51, Andrew Alston wrote:
>>> 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
>>> 
>>> Get Outlook for iOS <https://aka.ms/o0ukef>
>>> From: David Hilario <d.hilario at laruscloudservice.net> <mailto: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> <mailto: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> <mailto:noah at neo.co.tz> wrote:
>>> >>
>>> >>
>>> >>
>>> >> On 12 Jul 2017 9:47 a.m., "Bill Woodcock" <woody at pch.net> <mailto:woody at pch.net> wrote:
>>> >>
>>> >>
>>> >> 18 Against:
>>> >> "chenghn at chinaccsi.com" <mailto:chenghn at chinaccsi.com> <chenghn at chinaccsi.com> <mailto:chenghn at chinaccsi.com>
>>> >> Andrew Alston <Andrew.Alston at liquidtelecom.com> <mailto:Andrew.Alston at liquidtelecom.com>
>>> >> Bastein Li <bastienlee at qq.com> <mailto:bastienlee at qq.com>
>>> >> Christopher Mwangi <christopher.mwangi at liquidtelecom.com> <mailto:christopher.mwangi at liquidtelecom.com>
>>> >> David Hilario <d.hilario at laruscloudservice.net> <mailto:d.hilario at laruscloudservice.net>
>>> >> Derrick Harrison <derrick.harrison at sonictelecoms.co.za> <mailto:derrick.harrison at sonictelecoms.co.za>
>>> >> Douglas Onyango <ondouglas at gmail.com> <mailto:ondouglas at gmail.com>
>>> >> Kris Seeburn <seeburn.k at gmail.com> <mailto:seeburn.k at gmail.com>
>>> >> Lu Heng <h.lu at anytimechinese.com> <mailto:h.lu at anytimechinese.com>
>>> >> Mark Elkins <mje at posix.co.za> <mailto:mje at posix.co.za>
>>> >> Mark Tinka <mark.tinka at seacom.mu> <mailto:mark.tinka at seacom.mu>
>>> >> McTim <dogwallah at gmail.com> <mailto:dogwallah at gmail.com>
>>> >> Mike Silber <silber.mike at gmail.com> <mailto:silber.mike at gmail.com>
>>> >> Nishal Goburdhan <nishal at controlfreak.co.za> <mailto:nishal at controlfreak.co.za>
>>> >> Noah <noah at neo.co.tz> <mailto:noah at neo.co.tz>
>>> >> S Moonesamy <sm+afrinic at elandsys.com> <mailto:sm+afrinic at elandsys.com>
>>> >> Saul Stein <saul at enetworks.co.za> <mailto: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
>>> >>
>>> >> _______________________________________________
>>> >> RPD mailing list
>>> >> RPD at afrinic.net <mailto:RPD at afrinic.net>
>>> >> https://lists.afrinic.net/mailman/listinfo/rpd <https://lists.afrinic.net/mailman/listinfo/rpd>
>>> >>
>>> >
>>> >
>>> > _______________________________________________
>>> > RPD mailing list
>>> > RPD at afrinic.net <mailto:RPD at afrinic.net>
>>> > https://lists.afrinic.net/mailman/listinfo/rpd <https://lists.afrinic.net/mailman/listinfo/rpd>
>>> >
>>> 
>>> 
>>> David Hilario
>>> 
>>> IP Manager
>>> 
>>> Larus Cloud Service Limited
>>> 
>>> p: +852 29888918 m: +359 89 764 1784
>>> f: +852 29888068
>>> a: Flat B5, 11/F, TML Tower, No.3 Hoi Shing Road, Tsuen Wan, HKSAR
>>> w: laruscloudservice.net
>>> e: d.hilario at laruscloudservice.net <mailto:d.hilario at laruscloudservice.net>
>>> 
>>> _______________________________________________
>>> RPD mailing list
>>> RPD at afrinic.net <mailto:RPD at afrinic.net>
>>> https://lists.afrinic.net/mailman/listinfo/rpd <https://lists.afrinic.net/mailman/listinfo/rpd>
>>> 
>>> 
>>> _______________________________________________
>>> board mailing list
>>> board at afrinic.net <mailto:board at afrinic.net>
>>> http://board-list.afrinic.net/mailman/listinfo/board <http://board-list.afrinic.net/mailman/listinfo/board>
>> 
>> -- 
>> --------------------------------------------------
>> Sunday Adekunle Folayan
>> Managing Director
>> General data Engineering Services (SKANNET)
>> 16 Oshin Road, Kongi Bodija, Ibadan - Nigeria
>> Phone: +234 802 291 2202, +234 816 866 7523
>> Email: sfolayan at skannet.com.ng <mailto:sfolayan at skannet.com.ng>, sfolayan at gmail.com <mailto:sfolayan at gmail.com>
>> ---------------------------------------------------
> 
> -- 
> --------------------------------------------------
> Sunday Adekunle Folayan
> Managing Director
> General data Engineering Services (SKANNET)
> 16 Oshin Road, Kongi Bodija, Ibadan - Nigeria
> Phone: +234 802 291 2202, +234 816 866 7523
> Email: sfolayan at skannet.com.ng <mailto:sfolayan at skannet.com.ng>, sfolayan at gmail.com <mailto:sfolayan at gmail.com>
> ---------------------------------------------------
> _______________________________________________
> RPD mailing list
> RPD at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/rpd

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.afrinic.net/pipermail/rpd/attachments/20170712/6219eeab/attachment-0001.html>