[rpd] Statement from Legal Counsel

[Daniel Yakmut]

Dear Marcus,
Maybe you didn't understand my position, the mess is the attempt by some
members to continue to lay booby traps everywhere in  the PWDG.

Moreso, I have remained consitent, that the Co-chairs should not be
castgated for trying to do their work.

I love archives because they remind me where I have been and where I am
possibly heading.

Simply
Daniel

On Dec 14, 2020 8:49 PM, "Marcus K. G. Adomey" <madomey at hotmail.com> wrote:

Hi Daniel,

Are you discovering the “mess”?

The mess is created and maintained when the PDP is no longer followed and
WG’s powers usurped by people entitled only in an administrative roles.

When people lose confidence in process system or people, you should expect
this kind of vigilance and queries for transparency and accountability.

Knowing where you stand, It is not surprising that you are not concerned
 when you saw discussions on policy proposals in that context.

The archives have records and will convey the responsibility of each of us.



Marcus


------------------------------
*From:* Daniel Yakmut via RPD <rpd at afrinic.net>
*Sent:* Monday, December 14, 2020 10:19:07 AM
*To:* Arnaud AMELINA <amelnaud at gmail.com>; Ashok <ashok at afrinic.net>

*Cc:* rpd >> AfriNIC Resource Policy <rpd at afrinic.net>
*Subject:* Re: [rpd] Statement from Legal Counsel


Dear Arnaud,

Please are these insinuations for real. How could Co-Chairs recommend draft
policies for board approval.

1. Are we saying that AfriNIC Staff and Board are oblivious what is
happening in the RPD that they cannot detect a rogue policy.

2. Some members are literally becoming paranoid.

3. Why are some community members bent in giving a dog a bad name, so that
it can be hanged.

4. I hope the discerning community members can see through shenanigan being
thrown around.

I will say what a mess!!!

Simply

Daniel
On 13/12/2020 11:35 am, Arnaud AMELINA wrote:

Hello, PDWG members

It appears in recent communications from legal counsel that co-chairs have
recommended some draft policies for approval by board.

Why are the recommendations, including the reports prescribed by section
3.4.4, not published on this rpd for the sake of transparency and the
practices in the matter?

Where did the resource transfer proposal version 5.0 come from?

We seem to have abandoned the PDP and its key underlining principles.

Regards

--
Arnaud

Le mer. 9 déc. 2020 à 16:25, Ashok <ashok at afrinic.net> a écrit :

*Dear Community members,*

*I refer to AFRINIC’s Chief Executive Officer’s emails dated 30 November
2020 and 03 December 2020 sent to the PDWG’s Co-Chairs to which I was in
copy thereof. Copies of the said emails are also herewith attached.*

*As AFRINIC’s Legal Counsel I wish first to draw your attention to the
PDWG’s Co-Chairs’ declaration of consensus dated 07 October 2020 in respect
of the policy entitled 'Board's Prerogatives' – AFPUB-2020-GEN-004-DRAFT02-
as well as the policy entitled 'Resource Transfer Policy'
–AFPUB-2019-V4-003-DRAFT04- whereby in the latter case, consensus was
initially declared on 07 October 2020 and which was subsequently reversed
by the Co-Chairs on 17 October 2020.*

*I hold no mandate to interfere in the work of the PDWG and/or its
independence I shall refrain from doing so.*

*Nevertheless, I deem it my duty to tender my advice, for whatever it is
worth and without in any way pressurising, the PDWG, an AFRINIC-related
body to be bound by same.*

*My advice addresses the aforementioned two policy proposals  and my
purpose is to ensure that the work of the PDWG thereon  as well as its
outcome are both legally in order. I have given anxious consideration to
this matter and also bear in mind that where the acts and doings of the
PDWG are not legally in order, same may have a detrimental effect on the
image and reputation of AFRINIC both as a corporate body and responsible
RIR. *

*In regard to the policy entitled 'Board's Prerogatives', I have taken note
of AFRINIC's Staff Assessment report dated 04 November 2020 -
**https://afrinic.net/policy/proposals/2020-gen-004-d2#impact
<https://afrinic.net/policy/proposals/2020-gen-004-d2#impact>**. *

*You may have noticed that the said report has raised both serious
governance and operational issues as well as areas of uncertainty observed
in the proposed policy which has, up to now, remained unaddressed. *

*Consequently, it is my humble view that the PDWG may in its wisdom
consider to review its own stand in respect of these policy proposals so as
to avoid any form of encroachment, potential or otherwise,  onto the Board
of Director’s prerogatives, the foundations of which are grounded in
articles 3.4 and 15 of the AFRINIC’s bylaws. *

*However, should the PDWG maintain its stand in respect of the above, then
the appropriate motion has to be made during an AGMM, pursuant to Article
7.7 of the bylaws to amend articles 3.4, 15(1), 15(2) and 15(3) of the
bylaws thus allowing the powers of the Board of Directors to be subjected
to the directives and guidance of the PDWG.*

*As regard the policy entitled 'Resource Transfer Policy', the PDWG may be
aware that the said policy (i.e. version 4 thereof) is presently the
subject of an appeal before the Appeal Committee and the matter is yet to
be determined. *

*Consequently, the PDWG is hereby informed and advised that it is a matter
of sound and settled legal principle that, pending the outcome of the
Appeal Committee proceedings, it (PDWG) refrains from entertaining any
request emanating from the relevant co-authors of the said policy proposals
for further amending these proposals on the legal principle of pendente
lite. It is also my considered view that any attempt in the meantime by the
latter to submit a newly purported version of their policy proposal will be
inadmissible (non-receivable) in law. *

*To close my submission may I urge the PDWG to give due weight to my
non-binding legal advice and consequently appreciate the real risk of
AFRINIC, in the event that the Appeal proceedings are ignored, having to
ratify and implement two policy proposals, on the same subject matter,
which would lead to an unprecedented conflictual situation. *

*Ashok.B.Radhakissoon.*


*Legal  Counsel *






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