[rpd] Statement from Legal Counsel

[Kakel Mbumb]

Merci pour votre intervention Professeur FYAMA,

Totalement d'accord avec vous.

Cordialement.

Le mar. 15 déc. 2020 à 19:39, <rpd-request at afrinic.net> a écrit :


> Send RPD mailing list submissions to

>         rpd at afrinic.net

>

> To subscribe or unsubscribe via the World Wide Web, visit

>         https://lists.afrinic.net/mailman/listinfo/rpd

> or, via email, send a message with subject or body 'help' to

>         rpd-request at afrinic.net

>

> You can reach the person managing the list at

>         rpd-owner at afrinic.net

>

> When replying, please edit your Subject line so it is more specific

> than "Re: Contents of RPD digest..."

>

>

> Today's Topics:

>

>    1. Re: Statement for legal Counsel (Blaise Fyama)

>

>

> ----------------------------------------------------------------------

>

> Message: 1

> Date: Tue, 15 Dec 2020 19:38:21 +0200

> From: Blaise Fyama <bfyama at gmail.com>

> To: Kakel Mbumb <kakelmbumb at gmail.com>

> Cc: "rpd >> AfriNIC Resource Policy" <RPD at afrinic.net>

> Subject: Re: [rpd] Statement for legal Counsel

> Message-ID:

>         <CAPehF5dmSNi_ONcT5RwryjRM+WK7h3toKujU3AVQZ6RVk=

> nnmg at mail.gmail.com>

> Content-Type: text/plain; charset="utf-8"

>

> Effectivement cher Kakel, on sent une bataille rang?e des uns contre les

> autres.

> Est-ce juste et profitable pour la communaut? que l'on s'entre d?chire

> parce que ne voyant pas les choses de la m?me fa?on ?

> Une dose de tol?rance est requise et s'impose dans un groupe de travail o?

> la libert? de penser a toute sa place parmi nous.

> Les anges et les d?mons ne cohabitent pas!

>

> Cordialement,

> Blaise.

>

> Le mar. 15 d?c. 2020 ? 11:57, Kakel Mbumb <kakelmbumb at gmail.com> a ?crit :

>

> > Bonjour chers tous,

> >

> > Je ne.me fatiguerai pas ? continuer ? nous demander de rester objectif

> > sur la mani?re avec laquelle nous nous.adressons mutuellement.

> >

> > Ayons du respect mutuel pour tout un chacun. S'il s'av?re que des

> > accusations pr?somptueuses sont tourn?es vers un individu ou un groupe

> des

> > membres de la communaut?, il est imp?rieux que nous puissions en apporter

> > des preuves et surtout s'adresser ? tout un chacun de fa?on respectueuse.

> >

> > Chacun peut d?fendre sa position librement sans que cela ne n?cessite que

> > l'on s'insulte mutuellement. Nous sommes des responsables et

> personnalit?s

> > de diff?rents acabits et rangs. Restons objectifs et ma?trisons notre

> dose

> > de subjectivit?.

> >

> > Cordialement.

> >

> > Le lun. 14 d?c. 2020 ? 10:07, <rpd-request at afrinic.net> a ?crit :

> >

> >> Send RPD mailing list submissions to

> >>         rpd at afrinic.net

> >>

> >> To subscribe or unsubscribe via the World Wide Web, visit

> >>         https://lists.afrinic.net/mailman/listinfo/rpd

> >> or, via email, send a message with subject or body 'help' to

> >>         rpd-request at afrinic.net

> >>

> >> You can reach the person managing the list at

> >>         rpd-owner at afrinic.net

> >>

> >> When replying, please edit your Subject line so it is more specific

> >> than "Re: Contents of RPD digest..."

> >>

> >>

> >> Today's Topics:

> >>

> >>    1. Re: Statement from Legal Counsel (Frank Habicht)

> >>    2. Re: Statement from Legal Counsel (JORDI PALET MARTINEZ)

> >>

> >>

> >> ----------------------------------------------------------------------

> >>

> >> Message: 1

> >> Date: Mon, 14 Dec 2020 07:52:50 +0300

> >> From: Frank Habicht <geier at geier.ne.tz>

> >> To: rpd at afrinic.net

> >> Subject: Re: [rpd] Statement from Legal Counsel

> >> Message-ID: <5232276b-9f07-b9b4-b23e-3a8cce94f136 at geier.ne.tz>

> >> Content-Type: text/plain; charset=utf-8

> >>

> >> Hi,

> >>

> >> just one thing...

> >>

> >> On 14/12/2020 00:29, Paschal Ochang wrote:

> >> > Dear Community,

> >> >

> >> > I?d like to point out the following remarks:

> >> ...

> >> > 4.For the Resource Transfer Policy, the co-chairs stepped back by

> >> > extending the last call period and allowing the community more

> >> > discussion time (which was requested by members of the community),

> which

> >> > renders the appeal invalid.

> >>

> >> Ehm....  no.

> >>

> >> Appeal is still valid.

> >>

> >> Frank

> >>

> >>

> >>

> >> ------------------------------

> >>

> >> Message: 2

> >> Date: Mon, 14 Dec 2020 09:06:24 +0100

> >> From: JORDI PALET MARTINEZ <jordi.palet at consulintel.es>

> >> To: "rpd >> AfriNIC Resource Policy" <rpd at afrinic.net>

> >> Subject: Re: [rpd] Statement from Legal Counsel

> >> Message-ID: <4347733C-9E5F-43F1-AD25-C6882147E6F7 at consulintel.es>

> >> Content-Type: text/plain; charset="utf-8"

> >>

> >> Even better than that. The Board Prerogatives Policy allows the bylaws

> to

> >> be as they are right now. Otherwise, the bylaws are against the PDP and

> >> clearly AFRINIC has not and can?t have any superior power on top of the

> >> community!

> >>

> >>

> >>

> >> Regards,

> >>

> >> Jordi

> >>

> >> @jordipalet

> >>

> >>

> >>

> >>

> >>

> >>

> >>

> >> El 13/12/20 22:39, "Paschal Ochang" <pascosoft at gmail.com> escribi?:

> >>

> >>

> >>

> >> Dear Community,

> >>

> >>

> >>

> >> I?d like to point out the following remarks:

> >>

> >> 1.??????????? Any legal mentions in the email regarding the PDWG are

> >> invalid and deemed wrong since Afrinic?s work and operations are a

> separate

> >> entity from the PDWG. Basically, in the PDP, the CPM is its bible and

> the

> >> community is its god. Law has no relevance at all, as Jordi said, the

> CPM

> >> must be SELF-CONTAINED.

> >>

> >> 2.??????????? Nowhere in the CPM does it state that the co-chairs cannot

> >> respond to the authors of the policies appealed. As said before, only

> the

> >> CPM rules in the PDP and nothing else such as ?the legal principle of

> >> pendente lite? as clearly AFRINIC is not a court.

> >>

> >> 3.??????????? There has been no request from the community for Afrinic?s

> >> legal assessment. This a breach of the CPM (3.4/3.4.1). Unless someone

> from

> >> the Afrinic Board can justify who requested for their judgement, the

> legal

> >> assessment should be disregarded for its violation of the CPM.

> >>

> >> 4.??????????? For the Resource Transfer Policy, the co-chairs stepped

> >> back by extending the last call period and allowing the community more

> >> discussion time (which was requested by members of the community), which

> >> renders the appeal invalid. As for the final decision on consensus, it

> is

> >> still valid since it has not being filed for an appeal in the 2 weeks

> >> period that has followed.

> >>

> >> 5.??????????? The Board Prerogatives Policy has reached consensus

> >> smoothly and was neither appealed nor challenged. The community always

> >> comes first and Afrinic must adapt its bylaws so as to satisfy the

> >> community?s needs, as simple as it is.

> >>

> >> 6.??????????? We are today facing an unprecedented situation. The very

> >> foundation of RIR system?s legitimacy, the bottom up process, is at

> risk.

> >> if AFRINIC ltd is being viewed as directly interfering with community

> and

> >> co-chairs?s independence, a potential interpretation of top-down

> approach,

> >> Governments and ITUs could come along and claim the very legitimacy of

> RIR

> >> system(the community and its bottem up process) no longer exists,

> arguing

> >> that the system itself no longer serves its function and should be

> >> dissolved.

> >>

> >>

> >> On Sunday, December 13, 2020, Arnaud AMELINA <amelnaud at gmail.com>

> wrote:

> >>

> >> Dear Sunday

> >>

> >>

> >>

> >> We saw in communication from legal, discussions between CEO and cochairs

> >> about  2 proposals which were recently in last call  with the outcome we

> >> all know.

> >>

> >>

> >>

> >> The WG was not informed by the cochairs  about  the origin  and

> >> motivations of these discussions.

> >>

> >>

> >>

> >> I could not imagine ceo/legal intervening  in discussions on proposals

> >> without  WG or co-chairs request..  thus I query for information about

> what

> >> it is going on.

> >>

> >>

> >>

> >> Regards

> >>

> >>

> >>

> >> --

> >>

> >> Arnaud

> >>

> >>

> >>

> >> Le dim. 13 d?c. 2020 ? 13:50, Sunday Folayan <sfolayan at skannet.com> a

> >> ?crit :

> >>

> >> Dear Arnaud,

> >>

> >> I must have missed some embedded message in the Legal Counsel's email.

> >>

> >> Can you please point out the relevant line in the Legal Counsel's email,

> >> that seems to say, or suggest that a recommendation was made to the

> Board

> >> by the Co-Chairs, that the PDWG is not aware of. This will help me make

> a

> >> better interpretation of the Email and its content.

> >>

> >> Thank you.

> >>

> >> Sunday.

> >>

> >> On 12/13/20 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 d?c. 2020 ? 16:25, Ashok <ashok at afrinic.net> a ?crit :

> >>

> >> 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.

> >>

> >> 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

> >>

> >>

> >>

> >>

> >>

> >>

> >>

> >> _______________________________________________

> >> 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

> >>

> >>

> >> --

> >> Kind regards,

> >>

> >> Paschal.

> >>

> >> _______________________________________________ RPD mailing list

> >> RPD at afrinic.net https://lists.afrinic.net/mailman/listinfo/rpd

> >>

> >>

> >>

> >> **********************************************

> >> IPv4 is over

> >> Are you ready for the new Internet ?

> >> http://www.theipv6company.com

> >> The IPv6 Company

> >>

> >> This electronic message contains information which may be privileged or

> >> confidential. The information is intended to be for the exclusive use of

> >> the individual(s) named above and further non-explicilty authorized

> >> disclosure, copying, distribution or use of the contents of this

> >> information, even if partially, including attached files, is strictly

> >> prohibited and will be considered a criminal offense. If you are not the

> >> intended recipient be aware that any disclosure, copying, distribution

> or

> >> use of the contents of this information, even if partially, including

> >> attached files, is strictly prohibited, will be considered a criminal

> >> offense, so you must reply to the original sender to inform about this

> >> communication and delete it.

> >>

> >> -------------- next part --------------

> >> An HTML attachment was scrubbed...

> >> URL: <

> >>

> https://lists.afrinic.net/pipermail/rpd/attachments/20201214/277a207b/attachment.html

> >> >

> >>

> >> ------------------------------

> >>

> >> Subject: Digest Footer

> >>

> >> _______________________________________________

> >> RPD mailing list

> >> RPD at afrinic.net

> >> https://lists.afrinic.net/mailman/listinfo/rpd

> >>

> >>

> >> ------------------------------

> >>

> >> End of RPD Digest, Vol 171, Issue 46

> >> ************************************

> >>

> > _______________________________________________

> > RPD mailing list

> > RPD at afrinic.net

> > https://lists.afrinic.net/mailman/listinfo/rpd

> >

> -------------- next part --------------

> An HTML attachment was scrubbed...

> URL: <

> https://lists.afrinic.net/pipermail/rpd/attachments/20201215/9a50c035/attachment.html

> >

>

> ------------------------------

>

> Subject: Digest Footer

>

> _______________________________________________

> RPD mailing list

> RPD at afrinic.net

> https://lists.afrinic.net/mailman/listinfo/rpd

>

>

> ------------------------------

>

> End of RPD Digest, Vol 171, Issue 65

> ************************************

>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.afrinic.net/pipermail/rpd/attachments/20201215/a8d0cc1b/attachment-0001.html>