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[rpd] Clarifications about the Appeal Committee

Fernando Frediani fhfrediani at
Sun Mar 21 20:17:41 UTC 2021

Dear Mr Moonesamy

The advice of a lawyer can not always be taken as definitive or final,
specially in a situation where the members of most interested community
are disputing that type of controvert advice which does not seem to be
covered anywhere in the ToR. It is not because he/she is a lawyer and
that his/her via cannot be disputed.

I asked in a previous email similar questions to where in the ToR some
statements from this advice can be confirmed (which articles) and got no
response until now. If the Board trust the lawyer who gave such
controvert advice at least answer and clarify not only mine but other's
doubts about it.

Law is not exact science and no single word of a whatever licensed
professional can be taken as final as easy as it seems to be the case.


On 21/03/2021 06:58, chair at wrote:

> Dear Mr DeLong,


> Thank you for your comments about the terms of reference of the Appeal

> Committee.


> There was the following statement: "I am shocked and appalled that a

> lawyer would give such a cursory and partial reading of the ToR and

> base advice to the board on same."  I'll skip over the "shocked" or

> "appalled"; I am interested in how you assessed that the advice from a

> person(s), who is licensed to practice law, was based on a cursory and

> partial reading of the terms of reference. Is the advice at odds with

> any law or the application of the law?


> Regards,

> S. Moonesamy


> Board Chair, AFRINIC


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