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[rpd] Competitions Tribunal Petition
Andrew.Alston at liquidtelecom.com
Fri Dec 29 18:41:15 UTC 2017
Had I been re-elected and we had found ourselves in this position, I would have resigned my seat and gone the same route had the board refused to act. There is an interesting thing in the companies act – that states that a board member is liable for the actions of the board dependent on the way he voted. Sadly – you will notice that AFRINIC almost never publishes the way the people vote on the board – so we have no knowledge of who voted which way – and the NDA prohibits that from being revealed by those who do know.
I point out though – that as a board member – there is a little thing called fiduciary duty towards the organisation – it is something I always took very seriously – but at the same time – not being on the board anymore – I have no responsibility to AFRINIC as an entity any longer – my sole responsibility as I see it now is to my customers, to the organisation which I serve, and to the good of the Internet ecosystem in Africa. As such, anything that threatens any of the above will be met by challenge.
I realize that there are people who have said that I act irrationally and that my actions are not thought through – that is a misconception. I have always acted in the way I felt best for the overall community – and while people may have disagreed with my methods – the results I believe speak for themselves. It makes me want to weep that I am forced into a position to take an action as draconian as this – but it is not as if I did not warn repeatedly that this would happen if we continued down the road we are on.
From: caleb olumuyiwa <muyiwacaleb at gmail.com>
Date: Friday, 29 December 2017 at 12:31
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: rpd List <rpd at afrinic.net>
Subject: Re: [rpd] Competitions Tribunal Petition
If you were re-elected a board member, would you have gone this far?
On Dec 29, 2017 6:01 PM, "Andrew Alston" <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:
Everything stated here is done in my personal capacity and is not necessarily representative of the views of any organization to which I am affiliated.
It is a sad day when it comes to this – but due to the significant business risks imposed by the potential ratification of the soft-landing policy, and the boards lack of response to repeated queries as to AFRINIC’s violation of Mauritian law – the time has come to now test these potential violations and to see if there is any recourse.
Since this document contains direct reference to issues of policy that would normally fall under the RPD – I am sending this to the list. Those who wish to join the petition to the competitions tribunal can print this – sign it – and scan it back to me. This document will be submitted to the competitions tribunal within the next 14 days – to give people a chance to digest its contents and decide for themselves if they believe they wish to be party to this action.
Note: As per the rules of the competitions tribunal – any signatory on these documents will be confidential and the names of the complainants will not be disclosed to AFRINIC – so there is no risk of victimization here. Any signed copies received by myself shall be held in strictest confidence other than for the purposes of submission to the commission.
Please also note – the submission of this petition shall in no way prejudice the right to potential litigation against AFRINIC should companies and individuals feel that such is warranted.
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