[rpd] wrong ? - Re: Clarifications about the Appeal Committee

[Dr Paulos Nyirenda]

Chair,

This e-mail from the Board chair confirms that there is something wrong at AFRINIC, this is 
my personal observation.

1.	There is something wrong at the AFRINIC legal team for them to issue this kind of 
legal advice, if indeed they issued it to the Board  

2.	There is something wrong at the AFRINIC Board for them to accept and use such 
advice, if indeed the Board received, discussed and resolved to use this advice this way  

3.	There is something wrong with the Board chair for him to accept this advice and then 
write this e-mail based on it, it reflects badly on the person

However, I see one positive thing here, that the Board chair is now indicating here that he 
and the Board now appreciate the need to abide by the PDP and the Appeal committee 
terms of reference as these are now. It is my hope that they will follow these in their next 
course of action.

Regards,

Paulos
=================================
Dr Paulos B Nyirenda
NIC.MW & .mw ccTLD: http://www.nic.mw
SDNP: http://www.sdnp.org.mw

On 15 Mar 2021 at 7:01, chair at afrinic.net wrote:


> 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  

> 

> 

> _______________________________________________

> RPD mailing list

> RPD at afrinic.net

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




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