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[rpd] Response to the questions about the Appeal Committee

S. Moonesamy sm+af at
Mon Mar 22 10:30:53 UTC 2021

Dear Mr Frediani,

You raised a concern about your questions going unanswered. There
was the following paragraph in the email at

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 composition of the Appeal Committee is specified in Section 2 of
the Terms of Reference. The terms of reference do not specific the
minimum number of members required for the Committee to hear an
appeal. The total number of members is the requirement given the
absence of a clause about the minimum number of members.

Section 2.3 is about conflict of interest. In my opinion, it is not
applicable in this case as the resignation of the two committee
members is not related to conflict of interest.

As I see it, and I could be wrong, it is better to keep matters
simple instead of getting into a debate with a lawyer on his/her
legal opinion [1].

Please see Action Item 202006.13 [2] as it is related to your comment
about the possible revision of the terms of reference.

S. Moonesamy

1. A written objective interpretation or analysis of a legal position
by a professional legal practitioner which is intended to be relied
on by the person to whom it is addressed.

Board Chair, AFRINIC

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