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[rpd] Statement from Legal Counsel
Sunday Folayan
sfolayan at skannet.com
Mon Dec 28 11:02:29 UTC 2020
Hello Mirriam,
I have been on Holiday.
Are you (1) attacking my person, or (2) my past involvement or (3)
moderating my participation or (4) objecting to my rhetorically calling
for a truce between two good friends?
No, I am not playing Co-Chair. I am not aware that I am banned or
forbidden from writing anything, or for that matter calling for a truce.
Would you indeed have felt better if I was writing with a pseudo Name?
Seasons greetings.
Sunday.
On 12/18/20 4:03 PM, Mirriam wrote:
> Hi Sunday,
>
> Are you now playing co-chair? Moderating discussions, deciding which
> discussions are out of scope, while their outcomes could be of
> interest to the WG?
>
> I do remember your chairmanship at AFRINIC and wonder why such sudden
> and intense activity from the past chair of the BoD in the PDP.
>
> Mirriam.
>
>
> On Wednesday, December 16, 2020, 12:11:18 PM GMT+3, Sunday Folayan
> <sfolayan at skannet.com> wrote:
>
>
> Daniel and Marcus,
>
> Gentlemen,
>
> Please remove rpd at afrinic.net <mailto: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>
> <mailto:yakmutd at googlemail.com>
> *Sent:* Monday, December 14, 2020 8:07:36 PM
> *To:* Marcus K. G. Adomey <madomey at hotmail.com>
> <mailto:madomey at hotmail.com>
> *Cc:* rpd >> AfriNIC Resource Policy <rpd at afrinic.net>
> <mailto:rpd at afrinic.net>; Ashok <ashok at afrinic.net>
> <mailto:ashok at afrinic.net>; Arnaud AMELINA <amelnaud at gmail.com>
> <mailto: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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>> <https://lists.afrinic.net/mailman/listinfo/rpd>
>>
>>
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>
>
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