[rpd] Report from Appeal Committee -Resolution 202104.606

[Owen DeLong]

First, I wish to applaud the appeals committee for the following paragraphs:

> The Committee notes that the suspension by the Board Chairperson of the activities of the Committee created significant uncertainty on the standing, mandate, and functionality of the Appeal Committee in the AFRINIC community.

> 

> The Committee notes that while the Board has the mandate, as stated in the PDP and in the Committee terms of reference, to constitute the Committee, the Committee believes that, once the Committee is properly constituted by the Board, it is not within the mandate of the Board to grant or deny permission for the Committee to carry out its activities as stated in Section 1 of the resolution of the Board. 

> 


What you say above is very much correct, but then you ride that to the most illogical
and absurd of conclusions:


> The Committee therefore observes that the resolution of the Board places undue burden and undue uncertainty on the Committee as it currently stands with its three membersThe assessment of the Committee is then that the Committee, as constituted now with 3 members as stated in the Board resolution, is unwilling and will not proceed with the remaining appeals until it is reconstituted in full with 5 members as in its terms of reference. 

> 


Is the appeals committee utterly unable to read plain english in the ToR?

(The boards failures in this regard are a matter for a separate email)

The ToR clearly state that the appeals committee is to continue to do its job and that the board
is not to interfere, expand, or reconstitute the committee while an appeal is in progress, so long
as that(those) appeal(s) do not drag on for an excessive amount of time:

(Specifically, I refer you to section 3.3.4 in addition to sections 3.1 and 3.4) of the ToR.

https://afrinic.net/committees/election/appeal-committee-terms-of-reference-v2

Section IV of your memo makes it pretty clear that you understand there is an impact here
from your violation of the mandate contained in section 3.3.4.

I’m all for the appeal committee rejecting incorrect and invalid direction from the board, but the
time to do that was months ago when the board told you to stop. Refusing to start again now
is best summed up with the phrase that “two wrongs do not make a right”.

Owen




> On May 6, 2021, at 08:52 , Guylaine Laiyra <guylaine at afrinic.net> wrote:

> 

> Dear Community,

> 

> On behalf of the Appeal Committee, I am directed to inform you that the committee has published a report pursuant to board resolution 202104.606.

> 

> You may view the report at https://afrinic.net/policy/appeal-committee#appeals

> 

> Thank you and Best Regards

> 

> Guylaine

> 

> -- 

> _________

> Guylaine Laiyra (Mrs)

> Senior Executive Assistant, AFRINIC Ltd.

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