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[rpd] Statement from Legal Counsel

Daniel Yakmut yakmutd at googlemail.com
Wed Dec 16 08:07:41 UTC 2020


Dear Marcus,

I have always understood you shortcomings therefore I wont waste time
arguing back and forth with you. The PDP the Co-Chairs are not
following, I suspect is the one defined by you or else I cannot see the
non-compliance.

For the first time you said something reasonable, I agree we cannot
compromise standards and we need to hold each other accountable.
However, I have never seen you doing that, because you rather reduce
discussions to attacks and attempted intimidation as you just did with
your last mail.

Simply

Daniel

On 15/12/2020 7:45 pm, Marcus K. G. Adomey wrote:

> Hi Daniel

>

> I completely understood you and your confusions and diversions.

>

> Note that nobody is castigating the cochairs. They serve at cochairs

> as defined by the PDP.

>

> You have consistently stated the most outrageous things about this

> community and pointed fingers to members of this community every time

> anyone attempt to caution the cochairs.

>

> The cochairs not once but a number of times have failed to follow the

> PDP unless members of the working group  constantly reminds them to do

> so and when raised you now say hey xyz is castigating cochairs and

> then level personal attacks making it all sour.

>

> You need to stop and start accepting that holding each other to the

> high standards is perfectly normal and accountability has nothing to

> do with your endless personal attacks insinuation and division talking

> points.

>

>

>

> Marcus

>

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

> *From:* Daniel Yakmut <yakmutd at googlemail.com>

> *Sent:* Monday, December 14, 2020 8:07:36 PM

> *To:* Marcus K. G. Adomey <madomey at hotmail.com>

> *Cc:* rpd >> AfriNIC Resource Policy <rpd at afrinic.net>; Ashok

> <ashok at afrinic.net>; Arnaud AMELINA <amelnaud at gmail.com>

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

> 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

> <mailto: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

> <mailto:rpd at afrinic.net>>

> *Sent:* Monday, December 14, 2020 10:19:07 AM

> *To:* Arnaud AMELINA <amelnaud at gmail.com

> <mailto:amelnaud at gmail.com>>; Ashok <ashok at afrinic.net

> <mailto:ashok at afrinic.net>>

>

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

> <mailto: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

>> <mailto: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 presentlythe 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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>>

>>

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