[rpd] Report from Appeal Committee -Resolution 202104.606

[Emem William]

I would like to totally disagree by the way forward suggested by the appeal
Committee. The board cannot appoint anyone at this point into the appeal
Committee for two reasons:

1. The board and the Board's chair interference in the PDP process is being
challenged in the appeal and the board cannot be a judge in its own case.
This is standard and common sense.  The entire board and more especially
the board chair would have to step aside for the board to be able to
appoint to the appeal Committee in this case. The board should not have
interfered in the first place as this is now the reppacusion of the
unnecessary inference of the board's chair.

2. The ToR of the appeal committee is clear . It is only members on the
appeal Committee when an appeal was submitted that can seat on an appeal
unless they can't do it within a time frame. Therefore to the appeal
Committee you can't run away now. You have to finish the job.

We need to stick to rules if we don't want anarchy.

Best regards,
Emem William

On Fri, May 7, 2021, 03:42 Owen DeLong via RPD <rpd at afrinic.net> wrote:


> 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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