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

Thu Jul 13 08:56:49 UTC 2017

I agree with Douglas' balance reply.

On 13/07/2017 10:28, Douglas Onyango wrote:
> Mr Chair,
> Unfortunately, I have to agree with Owen and the others on this.
> Expecting the co-chairs to be the gateway to the appeal process just
> isn’t pragmatic or wise. It is akin to asking the public to report
> issues of Police abuse through the very same Police, which leaves room
> for abuse and even more room for suspicion from the aggrieved party.
>
> I earnestly hope the Board will rethink this position.
>
> That being said, I agree with you that there is no need for a standing
> committee for appeals: there just isn’t enough work for it. To be
> sure, this is the first time I know of any serious intentions to use
> this committee since afpub-2010-gen-005 was written in 2010/11.
>
> I suggest that we take a two pronged approach to resolve this issue:
> First, the Board appoints a standing committee immediately, so that we
> are in compliance with 3.5 of the CPM and that any conflict/grievance
> can be handled expeditiously.
>
> Second, measures are taken immediately to review our policy to cover
> the gaps and ambiguity we have uncovered. For instance, drafters of
> the new Policy Development draft proposal
> (AFPUB-2017-GEN-002-DRAFT-01) can make some revisions, so that appeals
> can be reports and heard, without the need for a standing committee –
> say via an adhoc committee that can be engaged and disengaged when
> there are no appeals to be dealt with. At the same time other kinks in
> the conflict resolution process can also be ironed out.
>
> Regards,
>
> On 13 July 2017 at 08:39, 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
>> ________________________________
>> 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
>>>>
>>>> _______________________________________________
>>>> RPD mailing list
>>>> RPD at afrinic.net
>>>> https://lists.afrinic.net/mailman/listinfo/rpd
>>>>
>>>
>>> _______________________________________________
>>> RPD mailing list
>>> RPD at afrinic.net
>>> 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
>>
>> _______________________________________________
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>>
>>
>> _______________________________________________
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>> board at afrinic.net
>> 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, 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, sfolayan at gmail.com
>> ---------------------------------------------------
>>
>>
>> _______________________________________________
>> RPD mailing list
>> RPD at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/rpd
>>
>
>

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