[rpd] Appeal Committee Response - Re: (Fwd) Appeal Committee status

[Sami Ait Ali Oulahcen]

Hi,

My understanding of the ToR was that the current situation falls under 
3.4 (filling of vacancies) and not 3.3.4 (replacement).
Imagine a scenario where all members of the committee resign and an 
appeal is in progress, if this falls under section 3.3.4, then no one 
shall be replaced leaving an empty committee to judge.
Maybe legal can shed more light on this ?

Regards,
Sami

On 2/19/21 7:57 AM, Dr P Nyirenda wrote:

> 

> Board Chair, AFRINIC,

> 

> The Appeal Committee (AC) held its scheduled meeting on Thursday, 18 Feb 2021, online

> where it also considered on it agenda your e-mail sent to individual Appeal Committee

> members as copied here below.

> 

> As you will see in the AC minutes soon to be published, the quorate meeting was chaired by

> Adam Nelson and I was asked to send you a reply to your e-mails.

> 

> The Committee noted in its terms of reference (ToR) that the AFRINIC Board has the right to

> replace any or all Appeal Committee members subject to ToR Section 3.3.1 among others,

> see https://afrinic.net/policy/appeal-committee#tor

> 

> However the Committee observed in Section 3.3.4 of the ToR that:

> "3.3.4. In the event that an appeal is in progress at a time when the Board considers

> replacement of any or all Appeal Committee members, then the Board should delay any such

> replacement until such time as there is no appeal in progress; except that, if there continue to

> be appeals in progress after six(6) months, then the Board shall not delay any longer."

> 

> The Committee then agreed to finalise processing the appeal that was in progress after

> which the Committee agreed to await further direction from the Board.

> 

> Here then attached, for your copy, is the finalised Appeal Committee report on the policy

> compliance dashboard proposal AFPUB-2020-GEN-001-DRAFT01 that the Appeal

> Committee has now finalised and has already submitted to the PDWG through the RPD

> mailing list as its ToR require.

> 

> The Appeal Committee would like to bring to your attention that there are two appeals also in

> progress as listed in the AC timeline https://afrinic.net/policy/appeal-committee#appeals that

> are subject to ToR Section 3.3.4 and hence the AC awaits further directions from the PDWG

> and/or the Board.

> 

> Regards,

> 

> Dr Paulos B Nyirenda

> AFRINIC Appeal Committee Member

> 

> 

> ------- Forwarded message follows -------

> Date sent:                  Thu, 18 Feb 2021 05:17:56 -0800

> To:                             P Nyirenda <paulos at sdnp.org.mw>

> From:                      0;   chair at afrinic.net

> Subject:                     A ppeal Committee status

> Copies to:                  pdwg-appeal-commi ttee at afrinic.net, legal at afrinic.net

> 

> 

> Dear Dr Nyirenda,

> 

> We refer to the two recent resignations from the Appeal Committee.

> 

> AFRINIC stands legally advised that in line with the AFRINIC Policy

> Development Appeal Committee Terms of Reference, Version 2 (2017),

> the Appeal Committee is a committee made up of five members.

> 

> Since the committee is no longer properly constituted, the remaining

> members cannot continue with their work until the committee is

> re-constituted by the AFRINIC Board of Directors.

> 

> We thank you for your understanding and your usual collaboration.

> 

> Regards,

> S. Moonesamy

> 

> Board Chair, AFRINIC

> Mobile: +230 5824 5410

> 

> 

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> 

> 

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