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

[Noah]

AK

On Tue, 12 Jul 2022, 23:27 ABDULKARIM OLOYEDE, <oloyede.aa at unilorin.edu.ng>
wrote:

>
> this is AFRINIC, not the Mauritius government.
>

You cant separate them AK.  AFRINIC exists by means of a company Act which
exists by means of the Mauritius legislative assembly/law makers who exists
by means of the democratic elections which form the government whose
administration include those who regulate companies hence the Act.

Noah

>
> 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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>> RPD at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/rpd
>>
>
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