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

[ABDULKARIM OLOYEDE]

Dear Sylvian.
I am surprised that you are advocating this. If indeed this is true I do
not think it is right for anyone to think this is right, This is one of the
reasons why AFRINIC needs to get it right.
It does not make sense to me and in any case, this is AFRINIC, not the
Mauritius government.

cheers

AK

On Thu, Jul 7, 2022 at 8:26 PM Sylvain Baya <abscoco at gmail.com> wrote:

> 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/13sept2021/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 !
> __
> baya.sylvain[AT cmNOG DOT cm]|<https://cmnog.cm/dokuwiki/Structure>
> Subscribe to Mailing List: <https://lists.cmnog.cm/mailman/listinfo/cmnog/
> >
> __
> #‎LASAINTEBIBLE‬|#‎Romains15‬:33«Que LE ‪#‎DIEU‬ de ‪#‎Paix‬ soit avec
> vous tous! ‪#‎Amen‬!»
> ‪#‎MaPrière‬ est que tu naisses de nouveau. #Chrétiennement‬
> «Comme une biche soupire après des courants d’eau, ainsi mon âme soupire
> après TOI, ô DIEU!»(#Psaumes42:2)
>
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