[rpd] Response to the questions about the Appeal Committee

[S. Moonesamy]

Dear Mr Frediani,

You raised a concern about your questions going unanswered.  There 
was the following paragraph in the email at 
https://lists.afrinic.net/pipermail/rpd/2021/012745.html

   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.

Regards,
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.
2. https://www.afrinic.net/ast/pdf/2021-miinutes/20210120-minutes.pdf

Board Chair, AFRINIC