[rpd] Statement from Legal Counsel

[Sunday Folayan]

Daniel and Marcus,

Gentlemen,

Please remove rpd at afrinic.net from your recipients list and continue 
your exchanges back-stage. When you have consensus, go ahead and then 
post in on rpd.

You two ... Have a great day, and well done for the good cooperative 
work you are doing!

Sunday.

On 12/16/20 9:07 AM, Daniel Yakmut via RPD wrote:

>

> 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

>>>         *

>>>

>>>         **

>>>

>>>         *

>>>

>>>         *

>>>

>>>         **

>>>

>>>         _______________________________________________

>>>         RPD mailing list

>>>         RPD at afrinic.net <mailto:RPD at afrinic.net>

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

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

>>>

>>>

>>>     _______________________________________________

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

>>

>>

>

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