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[rpd] Statement from Legal Counsel

Noah noah at neo.co.tz
Thu Dec 17 19:40:32 UTC 2020


Sunday,

On Tue, 15 Dec 2020, 19:27 Sunday Folayan, <sfolayan at skannet.com> wrote:


> 1. The Co-Chairs followed the process as contained in the CPM.

>


Take your time and go through the archives before you make such claims.

FWIW, read also the various appeal documents that were submitted to AC and
extensively supported by members of this working group before you claim
cochairs followed the process.


> 2. An impact Assessment was made initially. Legal opinion should have been

> sought at that point.

>

> 3. Another impact assessment was made after the policy has reached

> consensus. Which is fine, no need to panic

>


Those impact assessment are important in ensuring that policy development
process and when cochair ignore them then its a problem.

4. If indeed the PDWG overstepped its bound, the Board can simply not

> approve the policy, and explain why, to the PDWG.

>

To my understanding and Madhvi can confirm this, the cochairs (Abdulkarim
and Moses) are subscribed to the members list, and a resource members and
others reached out to Afrinic with queries on impact of the controversial
**resource transfer policy** the very cochairs purported to have achieved
consensus.

The feedback from AFRINIC members services speaks for itself and you very
well know what it is because you also contributed to that discussion.

Did cochair also take those concerns from AFRINIC members services into
considering when they in their purported second declaration of consensus
after retracting the their initial declaration of consensus or they ignored
those concerns like they ignored have showed to careless about AFRINIC
staff impact analysis of DPP.

5. There was no need sharing herein, the Email from the CEO to the

> Co-Chairs. What was that supposed to achieve?

>

The last I checked, openness and transparency is what this community has
been asking for from AFRINIC leadership for years.

Todays leadership is ensuring that unless ofcourse you have a problem with
that.

Kudos to the legal counsel and CEO for their attempt to share their opinion
with this community and the workinggroup after all they are custodian of
the organization AFRINIC last I checked.

Noah
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