[rpd] Board Prerogatives on the PDP - AFPUB-2020-GEN-004-DRAFT02

[Andrew Alston]

Is this the same legal advisor that told members - publically - in an agmm - to sue AfriNIC if aggrieved?

The same legal advisor that advised the board to take actions which have ended in their bank accounts being frozen?

The same legal advisor who time and again have given the board advice that had lead them down dangerous paths and that for some reason the board keeps listening to?

Andrew

Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
From: Eddy Kayihura <eddy at afrinic.net>
Sent: Saturday, July 24, 2021 7:57:38 AM
To: rpd at afrinic.net <rpd at afrinic.net>
Subject: [rpd] Board Prerogatives on the PDP - AFPUB-2020-GEN-004-DRAFT02

Dear PDWG,

I have taken note of the concerns raised by Jordi with reference to the PDWG co-chairs Report on the Draft Policy Proposal "Board Prerogatives on the PDP" -AFPUB-2020-GEN-004-DRAFT02.
 https://lists.afrinic.net/pipermail/rpd/2021/013531.html<https://lists.afrinic.net/pipermail/rpd/2021/013531.html>

I would like to share some thoughts with you all on the matter.


  1.
AFRINIC staff produced an impact assessment report by staff on the concerned  policy. The impact assessment highlighted a conflict between the provisions of Sections 3.6 and 3.61 of the proposed policy and Section 3.5 of the CPM.

https://afrinic.net/policy/proposals/2020-gen-004-d2#impact<https://afrinic.net/policy/proposals/2020-gen-004-d2#impact>


  1.
Following a legal assessment of the proposed texts regarding the above sections of the proposed policy,  the Board of Directors were further advised that their powers and prerogatives are  provided for in the bylaws, and by extension are governed by the Companies Act of the Republic of Mauritius.

https://lists.afrinic.net/pipermail/rpd/2020/012121.html<https://lists.afrinic.net/pipermail/rpd/2020/012121.html>

In my opinion the Board ratification requirement is not a “symbolic stamp” but rather a final checkpoint by those who have been entrusted by the resource members to steer the organization towards a sustainable future by adopting sound, ethical, and legal governance and financial management policies.

It is very unfortunate that we reached such a “dead-end”. However, I believe that where there is a will there's a way and we can collaborate to swiftly address the issue.

I would like to propose to the PDWG co-chairs to organise a meeting with all interested parties. The aim of this meeting would be to better explain the rationale behind the current issue and hopefully get to a point that would address all the related concerns.

We also currently have four proposals under discussion that aim at bringing changes to the AFRINIC Policy Development Process.

I would like to commend the PDWG who put in voluntary work to author and discuss the proposals in a consensus-based spirit.

We are confident that our PDWG will work together and bring forward improvements that will strengthen the foundation of the current Policy Development Process and address its challenges.

On a side note, I am sure the community has noticed that AFRINIC has not been communicating as swiftly as we normally do. I am aware that there are other threads where the PDWG expects feedback. All I can do at this point is apologise as we have faced multiple other threats that threaten the foundation of the entire bottom-up process system the PDP was founded upon.

Please rest assured that more clarity will be shared with the community very soon (my hope is that we can share more over the course of next week). Till then I trust that the PDWG members willI continue to uphold the Code of Conduct while dealing with each other and  refrain from unnecessary belittling comments.

--

Kind Regards

Eddy Kayihura M.
Chief Executive Officer
AFRINIC Ltd.
====
t: +230 403 51 00  |  tt: @afrinic  |  https://www.afrinic.net<https://www.afrinic.net>  |  youtube.com/afrinicmedia<http://youtube.com/afrinicmedia>
___________________________

Vision: “A secure and accessible Internet for sustainable digital growth in Africa”
Mission: “To serve the African Internet community by delivering efficient services in a global multi-stakeholder environment”
Values: EPIC (■ Excellence ■ Passion ■ Integrity ■ Community Driven)


*******************************************************************************************************************
This email and any attachment (s) transmitted with it are confidential. They may also be privileged or otherwise protected by law. They are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email by error please notify the sender immediately by e-mail and delete this e-mail from your system. You are also notified that disclosing, copying, distributing, or taking any action in relation to its contents is strictly prohibited and unlawful. By reading the message and opening any attachment, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects.

*******************************************************************************************************************



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.afrinic.net/pipermail/rpd/attachments/20210725/fdc7dd4a/attachment-0001.html>