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[rpd] Selecting WG Co-Chairs: Was Re: Can a Consensual Decision of the PDWG Violate the PDP? (was: Report from Recall Committee)
noah at neo.co.tz
Mon Feb 22 22:36:05 UTC 2021
The Bylaws aka the AFRINIC constitution are a resource and associate member
document and not some lawyer document. Often, through special resolutions,
both members and the board make amendments to the constitution as a result
of the changes emanating from the dynamic space we operate in.
As such, members and the board through special resolution can make
amendments to the document without lawyers even though so often, its
important to consult lawyers so as to ensure that the constitution conforms
to the Mauritius company act.
neo - network engineering and operations
On Tue, Feb 23, 2021 at 1:29 AM Ibeanusi Elvis <ibeanusielvis at gmail.com>
> Dear Jordi,
> Personally, I believe that every corporate document in the AFRINIC
> organization has its own purpose and the idea of utilizing a legal document
> (the Bylaw) conscripted by legal practitioners to be adopted for the PDP
> will be highly futile and illegal to do so. Proposing to the Board to
> suspend or modify the CPM/PDP and enact an interim bylaw is impossible
> and such move needs to be brought to the notice of the community. Doing
> such will be a degradation to the very concept and ideology of the
> Bottom-Up system that we as an organization has been promoting and pushing
> On Tue, Feb 23, 2021 at 4:20 Sunday Folayan <sfolayan at skannet.com> wrote:
>> First, let me be clear, I do not agree with the Board modifying the CPM.
>> This is not the same as the need for the existence of 11.4 in the bylaws.
>> On to the existence of 11.4 in the bylaws ...
>> What will happen if PDWG passes a policy that will bankrupt the company?
>> or could not pass a policy that will stabilize the company? Not by malice,
>> but say ... by negligence or sheer exuberance?
>> What happens when a lack of convergence in the working group, puts the
>> "distribution" company in Jeopardy. Should there not be any safeguard?
>> If the PWDG therefore recognizes and accepts the existence of the
>> safe-guard that the forward-looking lawyers have put in place in the
>> Bylaws, for the benefit of all, What is wrong with such a help if it is
>> recognized by the PDWG?
>> How does the fact that the PDWG then accepts the existence of that
>> safeguard .... violate the bottom-up process?
>> Just asking, because everything up, certainly started from down!
>> On 2/22/21 6:18 PM, Wijdane Goubi wrote:
>> Hello Jordi,
>> Let me point out as well that the bylaws is a document that was drafted
>> by lawyers and that should have no relevance in the management of the PDP.
>> The fact that you are trying to create a conflict between both is
>> jeopardizing the core purpose of the bottom-up process. You can’t just skip
>> the community and its consensus and allow the board to modify the CPM/PDP.
>> The only waste of time in this entire situation is trying to invent
>> non-existent solutions that do not comply with the PDP in the first place.
>> Le lun. 22 févr. 2021 à 10:34, JORDI PALET MARTINEZ via RPD <
>> rpd at afrinic.net> a écrit :
>>> Hi SM,
>>> I fully understand the difference between community and PDWG, precisely
>>> I was traying to put all them, to show that I believe, everybody
>>> understands that there are several (not just 2) "groups" involved in what
>>> we do "related to AFRINIC and the PDP".
>>> Even if the situation is not urgent for you, it is for others in the
>>> PDWG. Even if this is only my case, I think it is important. So please,
>>> forget for a minute if it is important or not, let's stick to the wording
>>> of 11.4 and my question, and let me to rephrase them to exclude the
>>> emergency aspect:
>>> Is the Board understanding that they can adopt policies only related to
>>> Resources or also policies not related to resources which modifying the
>>> I've added CPM/PDP, because we can see in the CPM parts witch are
>>> "clearly" related to resources, others "indirectly" related to resources,
>>> and others clearly related to the PDP itself and not Resources at all.
>>> El 21/2/21 16:23, "S. Moonesamy" <sm+af at afrinic.net> escribió:
>>> Dear Jordi,
>>> At 02:26 AM 21-02-2021, JORDI PALET MARTINEZ wrote:
>>> >No, my question is not about the CPM/PDP text. I think it is clear
>>> >for everybody the distinction there between "AFRINIC
>>> >organization/membership" vs "AFRINIC community/PDWG".
>>> There is a distinction between the Working Group and the
>>> i.e. the Working Group is a subset of the "community".
>>> >My question is about the Board interpretation of the Article 11.4
>>> >the bylaws. Is the Board understanding that they can (in urgent
>>> >situations, such as the one we are facing) adopt policies only
>>> >related to Resources or also policies that not being related to
>>> >resources but modifying the PDP?
>>> I'll have to look at the minutes of the last Board meeting to see
>>> whether there was a discussion of Article 11.4. I doubt that the
>>> situation could be described as urgent. That is based on my reading
>>> of the members-discuss mailing list.
>>> S. Moonesamy
>>> Board Chair, AFRINIC
>>> IPv4 is over
>>> Are you ready for the new Internet ?
>>> The IPv6 Company
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