[rpd] Last Call -Update of PDP AFPUB-2021-GEN-002-DRAFT03

[Sylvain Baya]

Dear PDWG,

Hope this email finds you in good health!

Please see my comments below, inline...
Thanks.

Le lundi 4 juillet 2022, ABDULKARIM OLOYEDE <oloyede.aa at unilorin.edu.ng> a
écrit :

> Dear All,
>
>
>
Hi Abdulkarim,
Thanks for your email, brother!


>
> [...]
> B "In the event that such Policy Proposal doesn’t reach consensus, it
> will not be further enforced or implemented, however, any actions taken in
> terms of the policy up to the non-consensus determination, will remain
> valid."    I totally disagree with this. This has grievous consequences.
> In addition to my objection in 'A' I think this clause makes it worse. How
> can such a policy stand? On what basis? So what this means is that the
> board can take an illegal action and it would stand.
>
>
>

...this comes from the very MU's Company Act [1];
as you can see below:

<quote>
[...]
141. Validity of director’s acts

The acts of a director shall be valid even
though -

(a) the director’s appointment was defective;
or
(b) the director is not qualified for appointment.
[...]
</quote>
__
[1]: sourced  from page 113 -
<https://companies.govmu.org/Documents/legislation/13sept202
1/Companies%20Act%202021.pdf>



>
> [...]
>
> 7. Section 3.5  As we have clearly seen now that the Board itself can be
> part of the controversy. If the board is now allowed to appoint all members
> of the AC then it is like a judge in its own case.
> I give you a possible scenario based on this proposal. the board submit a
> proposal as an emergency, the proposal goes through and some object to it
> and decide to appeal. then the same board now appoints an appeal committee
> what do you think would happen to that case? I can give more examples.  We
> need to be realistic. The  AC should be appointed by the community and
> it must be a standing committee such that it cannot be reconstituted when an
> appeal is submitted. that way it would not be a subjective committee.
>
>
>
Interesting hijacking scenario, brother :'-(

Thanks for have pointing it out :-)

Shalom,
--sb.



> 8.  I think this proposal needs more work.
>
> Thanks
>
>
> AK
>
>
>
>
>
> On Thu, Jun 23, 2022 at 11:47 AM PDWG Chair <vincent at ngundi.me.ke> wrote:
>
>>
>> * [...]*
>>
>>
>>
>
>

-- 

Best Regards !
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