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[rpd] Statement from Legal Counsel
Sunday Folayan
sfolayan at skannet.com
Wed Dec 16 09:09:55 UTC 2020
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
>>> *
>>>
>>> **
>>>
>>> *
>>>
>>> *
>>>
>>> **
>>>
>>> _______________________________________________
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>>>
>>>
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>>
>>
>
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