[rpd] Clarifications about the Appeal Committee

[chair at afrinic.net]

Dear Colleagues,

The Appeal Committee is a committee appointed by AFRINIC's Board of 
Directors, as stipulated in AFRINIC's Consolidated Policy 
Manual  (CPM) - clause 3.5 refers.

In accordance with the provisions of the CPM and the Appeal 
Committee's ToR https://afrinic.net/policy/appeal-committee#tor, an 
Appeal Committee was duly appointed and constituted of five (5) persons.

On February 16th, 2021, the Board of Directors became aware of two 
members of the aforesaid Appeal Committee's resignations.

The Board of Directors acted promptly and was legally advised that, 
in the absence of an expressed provision to that effect (i.e. quorum) 
in the Appeal Committee's ToR, all five (5) members of the Appeal 
Committee, including any designated chairperson thereof, constitute a 
quorum for the purposes of the Appeal Committee.

The Board of Directors sought legal advice to address this issue. It 
was advised that based on the provisions of the Appeal Committee ToR, 
the said committee is only lawfully constituted by five members. Any 
other interpretation would contravene the clear provisions of the ToR.

The Board of Directors' attention was also drawn to clauses 2.3 and 
4.2 of the Appeal Committee's ToR whereby provisions have been made, 
inter-alia, for the temporary replacement of members of the committee 
following recusal of the latter which therefore supports the 
contention that the Appeal Committee, was for all intents and 
purposes, a committee to be composed of five (5) persons at all times.

It is in this respect that, on 18 February 2021, the Board of 
Directors, through its Chairperson, duly informed the remaining 
members of the Appeal Committee of the situation as well as advising 
the latter to await the reconstitution of the Appeal Committee before 
proceeding with any pending appeals.

The Board of Directors is aware of all the ensuing discussions on the 
matter and is also of the considered view that the Appeal Committee's 
ToR, as is, may need to be reviewed.

In the circumstances, the Board of Directors is presently considering 
the most appropriate option with the objective of ensuring the 
existence of an Appeal Committee (ad-hoc or otherwise) so as to deal 
with all pending appeals expeditiously.

The Board of Directors hereby informs the community that the 
reconstitution of a substantive Appeal Committee remains its top 
priority and will take all measures to do so within the shortest 
possible delay.

Regards,
S. Moonesamy

Board Chair, AFRINIC