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[rpd] RPD Digest, Vol 171, Issue 79
Kakel Mbumb
kakelmbumb at gmail.com
Mon Jan 11 04:30:30 UTC 2021
Bonjour chers membres de la communauté,
Tout en vous souhaitant mes meilleurs vœux pour l'an 2021, j'ose espérer
qu'elle nous permettra d'évoluer dans un se s responsable et cohérent pour
les bienfaits de la gouvernance d'internet au sein de notre espace.
Que la vision de tout un chacun converge dan un sens commun d'élévation et
que les échanges se fassent de façon fructueuse dans le respect de tous et
de chacun.
Cordialement.
Le lun. 28 déc. 2020 à 12:04, <rpd-request at afrinic.net> a écrit :
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> Today's Topics:
>
> 1. Re: Statement from Legal Counsel (Sunday Folayan)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 28 Dec 2020 12:02:29 +0100
> From: Sunday Folayan <sfolayan at skannet.com>
> To: Mirriam <mirriamlauren at yahoo.com>
> Cc: "rpd >> AfriNIC Resource Policy" <rpd at afrinic.net>
> Subject: Re: [rpd] Statement from Legal Counsel
> Message-ID: <5dd28888-5efe-4e7f-c287-5214e17aa275 at skannet.com>
> Content-Type: text/plain; charset="utf-8"; Format="flowed"
>
> 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 d?c. 2020 ? 16:25, Ashok <ashok at afrinic.net
> >> <mailto:ashok at afrinic.net>> a ?crit?:
> >>
> >> *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
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> >> https://lists.afrinic.net/ mailman/listinfo/rpd
> >> <https://lists.afrinic.net/mailman/listinfo/rpd>
> >>
> >>
> >> ______________________________ _________________
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> >
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