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

[Andrew Alston]

Arnaud,

Firstly I once again invite the board to release me from the board NDA such that I may adequately respond to this.

Alternatively - maybe as this proceeds through the courts - I will be called as a witness and the courts will lift that veil - and then - maybe then the real truth will come out

Until then - I remind you that there is nothing that requires any former board member to relinquish their right to voice opinions - former board members are - and will remain - both members of the community and members of AfriNIC with all rights as bestowed by section 7 of the bylaws intact.

Andrew

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________________________________
From: Arnaud AMELINA <amelnaud at gmail.com>
Sent: Sunday, July 25, 2021 5:03:59 PM
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: Eddy Kayihura <eddy at afrinic.net>; rpd >> AfriNIC Resource Policy <rpd at afrinic.net>
Subject: Re: [rpd] Board Prerogatives on the PDP - AFPUB-2020-GEN-004-DRAFT02

Oui le même qui l'instigation du Board auquel tu avais siégé et qui est à la base de tout ce qui se passe maintenant. Je pense que tu Diois avoir l'humilité de te taire sur ce sujet.

Je pe sais que tu avais gagné e. Sagesse et ce qui t'a poussé à te taire pendant tout ce temps. Mais il semblerait que non ? Mais je peux me tromper.

--
AAAA

Le dim. 25 juil. 2021 à 12:08, Andrew Alston via RPD <rpd at afrinic.net<mailto:rpd at afrinic.net>> a écrit :
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

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________________________________
From: Eddy Kayihura <eddy at afrinic.net<mailto:eddy at afrinic.net>>
Sent: Saturday, July 24, 2021 7:57:38 AM
To: rpd at afrinic.net<mailto:rpd at afrinic.net> <rpd at afrinic.net<mailto: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.
====
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