[rpd] bylaws consultation aspects that impact the PDP/community

[Fundiswa Nadia Maseko]

Dear colleagues,

I would like to raise one concern regarding the proposed Constitution,
particularly around the proposed termination power over Resource Membership.

For me, the key issue is not only whether the Board should have such a
power, but also what protection a Resource Member has if that power is
exercised incorrectly.

I understand that the Bylaws Review Committee is considering safeguards
around the Board's discretion, while not currently proposing a specific
dispute-resolution provision in the Constitution. However, I believe these
two issues should be considered together.

If a significant power such as termination is protected at constitutional
level, there should also be a clear constitutional guarantee of due process
and an independent avenue for review.

The Constitution does not need to contain all the operational details, but
it could establish the basic principles, such as appropriate grounds for
termination, written reasons, reasonable notice, an opportunity to remedy
where appropriate, and access to independent review. It would also be
helpful to clarify whether termination is suspended while such a review is
pending.

I also appreciate that legal advice relied upon by the Committee may be
privileged and therefore cannot be published. However, where that advice
has materially influenced the proposed approach, I believe members would
benefit from a non-privileged explanation of the governance considerations,
legal constraints and alternatives that were considered.

This would not require disclosure of the legal advice itself. It would
simply help members understand the reasoning behind the proposed allocation
of powers and protections.

Ultimately, I think the principle is quite straightforward: where the
Constitution provides an exceptional power, it should also provide a
meaningful and independent safeguard against the improper exercise of that
power.

For that reason, I would be more comfortable with the proposed termination
framework if an independent review mechanism and the basic due-process
protections were expressly recognised in the Constitution.

Kind regards,
Fundiswa
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