[rpd] Report from Appeal Committee -Resolution 202104.606

[Ibeanusi Elvis]

Hello 

I am in total disagreement with the outcome of this Report as regards to the Resolution and that of the Appeal Committee.
Irrespective of the resignation of 2 members of the Appeal Committee and following the review of the ToR, the Board does not have the right or the mandate to interfere, step-in or reconstitute the Appeal Committee with an appeal already in motion. Additionally, based on the Appeal Committee ToR, the AC can sufficiently conduct their daily activities and job with the remaining 3 member committee.

Coming back to state and infer that the Committee that the 3 member committee cannot and are unwilling to proceed with the remaining appeal is an abuse of power and a violation of Section 3.3.4 in the AFRINC Policy Development Appeal Committee Terms of Reference v2 which clearly gives the AC to right to conduct their duties and the Board to wait  (1) until there is no appeal in motion and  (2) for a period of time. 

Hence, the Board should follow and honor the section 3.3.4, at least for the time frame. 

Elvis. 


> On May 7, 2021, at 12:14, Emem William <dwizard65 at gmail.com> wrote:

> 

> 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 <mailto: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 <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 <mailto: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 <https://afrinic.net/policy/appeal-committee#appeals>

>> 

>> Thank you and Best Regards

>> 

>> Guylaine

>> 

>> -- 

>> _________

>> Guylaine Laiyra (Mrs)

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