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

Thu Jul 13 06:14:34 UTC 2017

Mr Folayan, Chair of the board of AfriNIC.

I am sitting here almost to stunned to even type this email.

The position taken by the board in this regard, as expressed in your email below, quite frankly beggars belief.  The fact that a board, who in large part, drafted a special resolution that attempted to deal with conflict of interest, could take a position like this - where is the consistency?

What you are effectively saying in this email is that - when a member of the community decides that the judgement of the co-chairs must be questioned - they must then - rely on the judgement of those same co-chairs - to allow an appeal against their own bad judgement.... If the flaws in that logic train are not obvious - then I don't know what is.

This effectively strips the community of any credible means of appeal - it makes a mockery out of any form of governance - it exposes a fundamental lack of understanding of conflict of interest - and while I thought there was not much that could truly shock me - this email has left me stunned.

Please - I appeal to you - back down from this position and restore a little credibility to this process, and to yourselves - because wow... just wow...

In one email - you have managed to confirm and solidify every thought I had about the business risks posed by this organisation.

Andrew

From: Sunday Folayan [mailto:sfolayan at gmail.com]
Sent: 13 July 2017 08:40
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: AFRINIC Board of Directors' List <board at afrinic.net>; rpd List <rpd at afrinic.net>
Subject: [rpd] BOARD Response: Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC"

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

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________________________________
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
>>
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>>
>
>
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>

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
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--------------------------------------------------

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>

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