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

[Ibeanusi Elvis]

Hello community,

As elucidated by Anthony which I support, the essential duty of the Appeal
Committee is to converge and preside over all appeals brought before them
and to their knowledge.
Like the I earlier stated, halting the Appeal Committee from performing
their duties not only goes against the ToR but it is also wrong to do such.
And I see no reason why the reminding Appeal Committee member of 3
shouldn’t be allowed to conclude their duties.

Best regards,
Elvis.

On Sat, Feb 20, 2021 at 7:10 Wijdane Goubi <wijdan.goubi at gmail.com> wrote:


> Dear community,

> I certainly agree on what Anthony said and firmly believe that the points

> he addressed are true concerns that we should take into consideration.

> The Appeal Committee shall continue to perform their duties by dealing

> with the appeal we have at hand and making a clear decision on it since

> they agreed on doing so, until there is no appeal in progress which is, in

> my opinion, the most logical way to move forward with the policy proposals.

> In addition, I don’t not see solid reasons on why the board would want to

> pause the functioning of the appeal committee members since the appeal have

> not surpassed 6 months yet, and why it is even in a rush to replace them.

> I personally think that the board should avoid any kind of moves or

> decisions that would put them in a doubtful position and let the members

> handle the remaining appeal; subsequently the replacement process shall

> take place accordingly.

> Regards,

> Wijdane

>

> Le ven. 19 févr. 2021 à 18:59, Anthony Ubah <ubah.tonyiyke at gmail.com> a

> écrit :

>

>> Hello  Board Chair, AFRINIC et al

>>

>> I agree with the Appeal Committee’s (AC) decision, as the decision of the

>> AC is done in accordance with the prerogative of the AC. It is the

>> responsibility of the AC to sit and preside on whatever appeals are

>> currently is presented before them. This is good for the community, the

>> Appeal, and AFRINIC in general.

>>

>> The prerogative of the AC is as stipulated under the AFRINIC Policy

>> Development Appeal Committee Terms of Reference subsection 3.3.1, & 3.3.4

>> on which it must comply, and, the ToR's stipulations are very clear.

>> It states under, subsection 3.3. (Terms):

>>

>>

>>> ToR 3.3.1:

>>>

>>> “The Board has the right to replace any or all Appeal Committee members

>>> at any time. Such decision of the Board must be by at least three-quarters

>>> of the Board”

>>>

>>> ToR 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.”

>>

>>

>> Both the above wording read together is consistent with the decisions

>> achieved by the AC, that the AC shall perform their pending duties and,

>> ensure the resolution of the current appeal before leaving their post. This

>> is their duty and we applaud the fact that the AC is willing to ensure the

>> performance of their duties before going through with their resignation.

>>

>> Nevertheless, I find the Board’s instruction to pause the function of the

>> Appeal Committee to be wrongful, as I do not see what is capable of

>> stopping a perfectly odd number of 3 members of the Appeal Committee(AC)

>> from functioning. As explained in subsection 3.3.4 of the ToR, the Board

>> should restrain itself from pausing the Appeal Committee’s function when

>> there are appeals in progress. Also, the fact that the appeals in progress

>> have not even been more than 6 months, I do not see the logic of even

>> stopping the Appeal Committee from continuing to convene to perform its

>> duties.

>>

>> The fact that the Board, despite the AC’s agreement to continue with

>> their duties and sit for the remaining appeal, still insists on a

>> replacement and, halting the entire appeal process raises doubts on what

>> the intention of the board is.

>> "What is the Board trying to do?"

>> I understand that interference is warranted when the situation demands

>> it, however, at this juncture, it can be perceived that the board is more

>> interested in replacing the members of the AC rather than getting the

>> appeals at hand resolved. This projects as though the Board's aim and

>> priorities are not resolving the issues. This as a whole is a serious

>> concern that I believe the community should consider.

>>

>> This is my position.

>>

>> *Best Regards,*

>>

>> *UBAH ANTHONY*

>>

>>

>> On Fri, Feb 19, 2021 at 9:06 AM Dr P Nyirenda <paulos at sdnp.org.mw> 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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>>>

>>>

>>>

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