[rpd] Dissolution of Appeal Committee

[Caleb Olumuyiwa Ogundele]

Dear Taiwo, Ibeanusi, Emem, Mimi, Wijdane, Erick ,Christian,

It seems seven of you have been having a monologue scenario of conversation
as you all seem to speak the same language from the same perspective
without taking your time to read. I want to believe certain information
might pre-date your participation in PDP so, I will like to provide some
information that might help you understand the PDP process better.

1. Appeal committee members are appointed by the board and independent in
their opinion when interpreting appeals during their term but within the
ToR.
2. As per their ToR:  Sections 3.3.2.
<https://afrinic.net/ast/pdf/policy/afrinic-policy-development-appeal-committee-v1-20170718.pdf>
 *"Every three (3) years, or more often at its sole discretion, the Board
shall replace the entire Appeal Committee" *Therefore, if the board
dissolves the AC, they have such privileges to within the scope of
delegated powers by your membership votes. May I remind you that the first
know AC as documented on this page
https://afrinic.net/policy/appeal-committee#appeals  was on 2018-01-19. In
my informed view, January 2018 - July 2021 is more than 3 years and so the
board did not err in their decision for dissolution as the AC needs a
refresh.
3. Let me further provide more education to you as per the issues you
raised on the appeal against Co-Chair elections. That appeal in the first
place should never have been presented if you have taken the time to read
the CPM with an unbiased lens.
The need for this Appeal Committee is specified in section 3.5 of the
Consolidated Policy Manual.
<https://afrinic.net/policy/manual?view=article&id=1606&lang=en#Conflict-Resolutions>

The relevant section says:

A person who disagrees with the actions taken by the Chair(s) shall discuss
the matter with the PDWG Chair(s) or with the PDWG. If the disagreement
cannot be resolved in this way, the person may file an appeal with an
Appeal Committee appointed by the AFRINIC Board of Directors. An appeal can
only be filed if it is supported by three (3) persons from the Working
Group who have participated in the discussions.

The appeal must be submitted within two weeks of the public knowledge of
the decision. The Appeal Committee shall issue a report on its review of
the complaint to the Working Group. The Appeal Committee may direct that
the Chair(s) decision be annulled if the Policy Development Process has not
been followed.
Therefore, from the foregoing, you erred in logic by appealing an
election/selection of Co-Chairs as you mentioned. The CPM says you can only
appeal the decisions of the co-chair by discussing with the co-chairs and
not discuss their elections with them or appeal their elections. It means
we need a co-chair by whatever means as prescribed by the CPM which was
fulfilled.(Should i ask, did you discuss the election process with the
current or previous co-chairs to fulfill this clause since there was an
absence of co-chairs  : A person who disagrees with the actions taken by
the Chair(s) shall discuss the matter with the PDWG Chair(s) ?
In the light of this, I will appeal/advise you to drop what is not logical
in reasoning as provisioned in the CPM such as appealing an election
process. Also, It will be best for you to be patient for reconstitution of
AC which is the prerogative of the board.

Thank You.
*Caleb Ogundele*

On Mon, Jul 12, 2021 at 3:16 PM Taiwo Oye <taiwo.oyewande88 at gmail.com>
wrote:


> Dear all,

>

> My question is what happens to the existing appeals.

> How do we move forward on the appeal on the “transfer policy” as well as

> the pending appeal on the “co-chairs election/ selection”.

> This are issues that should be clearly addressed while announcing the

> dissolve of the said committee

>

> Sent from my iPhone

>

> On Jul 11, 2021, at 23:53, Ibeanusi Elvis <ibeanusielvis at gmail.com> wrote:

>

> Hello AFRINIC Board,

>

> This clearly infers to excessive abuse of power by the AFRINIC Board. I am

> in support with the shared ideology that the Board cannot just make such

> drastic decisions without following the full procedures as outlined in the

> PDP.

> The Appeal Committee still has ongoing appeals to conduct and to handle,

> and this unanticipated, questionable dissolution by the Board shows a

> disregard of the PDP and what it stands for.

> Sincerely, I am not surprised by this event by the AFRINIC Board based of

> the fact that such occurrences which had the Board wielding and utilizing

> their power excessively and abusively has been on a repetitive mood.

> This issue not only needs to be addressed but also, such instances should

> not be allowed to repeat itself again.

> Just my opinion.

>

> Best regards,

> Elvis.

>

> On Jul 12, 2021, at 6:34, Mimi dy <dym5328 at gmail.com> wrote:

>

> Hello,

>

> I am quite surprised to see that AFRINIC is resorting to such drastic

> measures, like AC dissolution, just to avoid handling a couple of appeals

> that have been submitted. The CPM clearly states that appeals MUST be

> considered and the matter should be investigated properly by the AC.

> Nonetheless, instead of looking into the raised issues and providing an

> "appropriate assessment" of the policies, AFRINIC is undoubtedly delaying/

> refusing to investigate, which threatens the very core of this community

> and internet governance: CONSENSUS.

>

> Please keep in mind that the policies under appeal, should NOT be ratified

> until the AC announces their assessment results.

>

>

> Best regards,

>

>

>

> Le dim. 11 juil. 2021 à 18:14, Christian Orozco <chresgoro at gmail.com> a

> écrit :

>

>> Hi Emem,

>>

>> Indeed! We share the same observation. This lack of action towards the

>> complications of the dissolution is quite alarming. As time passes by with

>> AFRINIC's failure to work on these issues, more and more users will be

>> disadvantaged. More so, the call for transparency has been constantly

>> growing. It should not even be a "call" (or be demanded) since transparency

>> needs to be practiced automatically and without question. The recent

>> decisions from the Board and the associated absence of urgency seem to

>> contradict one of the core values of AFRINIC: *integrity*.

>>

>> To AFRINIC, as one of the many concerned internet users, *it is of

>> utmost interest to hear from you addressing this crucial matter*. Thank

>> you!

>>

>>

>>

>> Respectfully,

>> Christian

>>

>> On Sun, Jul 11, 2021 at 9:17 PM Emem William <dwizard65 at gmail.com> wrote:

>>

>>> Dear AFRNIC board,

>>>

>>> Please are you aware that this appeal committee has to finish the

>>> appeals they have at hand before you can dissolve them?

>>> Are you not also worried that you're gradually turning urself into the

>>> alfa and omega of AFRINIC?

>>> You declared the co-chairs under a questionable circumstance now you

>>> want to have a complete influence on the appeals.

>>> We need to close shop now cos there is no more PDP. It's now

>>> Boardchair's PDP.

>>> ... just my candid observation.

>>>

>>> Regards,

>>> Emem William

>>>

>>> On Fri, Jul 9, 2021, 18:05 Dr Paulos Nyirenda <paulos at sdnp.org.mw>

>>> wrote:

>>>

>>>> On 9 Jul 2021 at 1:48, chair at afrinic.net wrote:

>>>>

>>>> > Dear Dr Nyirenda,

>>>> >

>>>> > The Board at its meeting held on 08 July 2021 resolved, inter-alia, to

>>>> > revoke the existing Appeal Committee Terms of Reference and further

>>>> > resolved to replace same with a new Terms of Reference which will soon

>>>> > be published on AFRINIC's website.

>>>> >

>>>> > As a consequence of the above, kindly note that the Appeal Committee

>>>> > that was reconstituted by the Board on 14 April 2021 has thus been

>>>> > dissolved and I seize this opportunity to thank you for your voluntary

>>>> > work and time that you have so far put in for AFRINIC, and we are sure

>>>> > you will continue to be involved with the AFRINIC community and the

>>>> > sustainable development of the Internet on our continent.

>>>>

>>>> Noted, thanks.

>>>>

>>>> Regards,

>>>>

>>>> Paulos

>>>> =============================

>>>> Dr Paulos B Nyirenda

>>>> NIC.MW <http://nic.mw/> & .mw ccTLD

>>>> http://www.nic.mw

>>>> SDNP: http://www.sdnp.org.mw

>>>> Tel:  +265-(0)-882 089 166

>>>> Cell: +265-(0)-888-824787

>>>> WhatsApp: +265-(0)-887386433

>>>>

>>>> >

>>>> > Regards,

>>>> > S. Moonesamy

>>>> >

>>>> > Board Chair, AFRINIC

>>>> > Mobile: +230 5824 5410

>>>>

>>>>

>>>>

>>>> On 9 Jul 2021 at 1:48, chair at afrinic.net wrote:

>>>>

>>>>         From:   chair at afrinic.net

>>>>         To:     Paulos Nyirenda <paulos at sdnp.org.mw>

>>>>         Subject:        Dissolution of Appeal Committee

>>>>         Date sent:      Fri, 09 Jul 2021 01:48:42 -0700

>>>>

>>>> > Dear Dr Nyirenda,

>>>> >

>>>> > The Board at its meeting held on 08 July 2021 resolved, inter-alia, to

>>>> > revoke the existing Appeal Committee Terms of Reference and further

>>>> > resolved to replace same with a new Terms of Reference which will soon

>>>> > be published on AFRINIC's website.

>>>> >

>>>> > As a consequence of the above, kindly note that the Appeal Committee

>>>> > that was reconstituted by the Board on 14 April 2021 has thus been

>>>> > dissolved and I seize this opportunity to thank you for your voluntary

>>>> > work and time that you have so far put in for AFRINIC, and we are sure

>>>> > you will continue to be involved with the AFRINIC community and the

>>>> > sustainable development of the Internet on our continent.

>>>> >

>>>> > Regards,

>>>> > S. Moonesamy

>>>> >

>>>> > Board Chair, AFRINIC

>>>> > Mobile: +230 5824 5410

>>>>

>>>>

>>>>

>>>>

>>>> --

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>>>> https://www.avg.com

>>>>

>>>>

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-- 
*Ogundele Olumuyiwa Caleb*
*muyiwacaleb at gmail.com <muyiwacaleb at gmail.com>*
*234 - 8077377378*
*234 - 07030777969*
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