[rpd] Query on appeal

[Dr P Nyirenda]

On 4 Dec 2018 at 17:29, Andrew Alston wrote:

>     Hi pdwg-appeal committee.
>      
>     This is just a follow-up as I have not seen any response to the queries below

As  member of this RPD list and having sat on the last appeal committee, my understanding
is that the PDWG Appeal Committee is only mandated to deal with appeals that have been
submitted to it, please see its terms of reference.

Providing clarifications or interpretations outside an existing appeal process seems to be
outside the mandate of the Apeeal Committee. As of now there is no appeal submitted to the
appeal committee.

I would like to suggest that you should seek this clarification from other Afrinic institutions like
the Legal Counsel,  the AFRINIC CEO, etc,

I have no doubt that the elected Appeal Committee will deal with an appeal on this or any
other such issue if and when an appeal is lodged.

Regards,

Paulos
======================
Dr Paulos B Nyirenda
NIC.MW & .mw ccTLD
http://www.registrar.mw


>      
>     Andrew
>      
>      
>     From: Andrew Alston <Andrew.Alston at liquidtelecom.com>
>     Date: Saturday, 1 December 2018 at 13:04
>     To: "pdwg-appeal at afrinic.net" <pdwg-appeal at afrinic.net>
>     Cc: rpd List <rpd at afrinic.net>
>     Subject: Query on appeal
>      
>     Hi PDWG Appeal Committee.
>      
>     I am seeking clarification - the appeal process says that any decision of the PDWG co-chairs
>     may be appealed and puts a time frame on launching that appeal.
>      
>     I now need clarification - the decision to put a policy into last call - does the time from decision
>     to put the policy into last call start from the moment of pronouncement in the meeting, or from
>     the official announcement on the RPD mailing list.  That is to say - when is the decision
>     considered taken - and this goes to a very key issue about the validity of decisions taken on the
>     floor of a PDP meeting so the answer to this question is urgent - since if the time starts ticking
>     from the moment the decision is taken - then time is short to launch the appeal against the
>     decision - and a delay in answering the question by the PDWG Appeal committee cannot be an
>     accepted reason to not accept a late appeal should this situation arise.
>      
>     The policy actually says - within 2 weeks from public knowledge of the decision - does a
>     pronouncement on the floor constitute public knowledge in a streamed meeting?
>      
>     Secondly - I wish the PDWG Appeal committee to comment on what happens to a last call
>     process if the decision to last call is under appeal pending adjudication.  I would assume that the
>     last call process would be suspended and cannot proceed until the adjudication of the appeal
>     has been completed, but I wish to have a formal clarification on this.
>      
>     And with this email - I am also formally announcing my intention to launch a formal appeal with
>     relevant documentation against the decision to move this policy into last call - and I also am
>     formally reserving my right to appeal against the decision to move the policy past the last call
>     stage should that become necessary - irrespective of the appeal against the last call itself.
>      
>     Thanks
>      
>     Andrew Alston
>      


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