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

[Ibeanusi Elvis]

Hi everyone,

The Appeal Committee’s extensive work and their efforts to perform their
duties to be very best is greatly appreciated. The Board’s decision to halt
the Appeal Committee from performing and carrying out their duties is
highly unappreciated and such shouldn’t have been done in the first place.
Although there has been some resignations from the Appeal Committee and the
number of the AC has been minimized to three instead of five but I concur
that they should be allowed to continue and conclude their futures with the
pending appeals. Equally, any necessary investigation should be conducted
after the appeal process has been completed. This is to avoid any sudden
event that might intervene or intrude in the duties of the Appeal Committee
and the process.
Finally, I sense an atom of bias or prejudice on the side of the Board.
Thus why would there be an unexpected and sudden decision to halt the
activities of the Appeal Committee proximately after the Report on the
Policy Dashboard has been published and made accessible to the PDWG. The
thread and pace of events at this point is/seems very confusing.

Elvis.

On Fri, Feb 19, 2021 at 19:41 Sami Ait Ali Oulahcen via RPD <rpd at afrinic.net>
wrote:


> 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

> >

> >

> > --

> > This message has been scanned for viruses and

> > dangerous content by MailScanner, and is

> > believed to be clean.

> > ------- End of forwarded message -------

> >

> > ------- End of forwarded message -------

> >

> >

> >

> >

> > _______________________________________________

> > RPD mailing list

> > RPD at afrinic.net

> > https://lists.afrinic.net/mailman/listinfo/rpd

> >

>

> _______________________________________________

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>

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