<div>Mike</div><div dir="auto"><br></div><div dir="auto">This is not a policy discussion and as such the BRC has mandated its own comment process (which closes today).</div><div dir="auto"><br></div><div dir="auto">No issue with posting your thoughts to the RPD list, but they may not be taken into account.</div><div dir="auto"><br></div><div dir="auto">Can I recommend that you avail yourself of that comment mechanism if you would like your views to be considered.</div><div dir="auto"><br></div><div dir="auto">Regards </div><div dir="auto"><br></div><div dir="auto">Mike</div><div dir="auto">(in my personal capacity)</div><div dir="auto"><br></div><div><br><div class="gmail_quote gmail_quote_container"><div dir="ltr" class="gmail_attr">On Sun, 30 Aug 2026 at 16:09, Mike Burns via RPD <<a href="mailto:rpd@afrinic.net">rpd@afrinic.net</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">Hi Benson,<br>
<br>
I believe nominating committees who can exclude candidates from the slate<br>
present the risk of regulatory capture.<br>
The board should not be selecting the nominating committee at all, in my<br>
opinion. I concur with Benson's statement:<br>
<br>
" It would be better for the board not to select the nominating committee."<br>
<br>
<br>
Regards,<br>
Mike Burns<br>
<br>
<br>
<br>
-----Original Message-----<br>
From: Benson Muite <<a href="mailto:benson_muite@emailplus.org" target="_blank">benson_muite@emailplus.org</a>> <br>
Sent: Sunday, August 30, 2026 6:30 AM<br>
To: <a href="mailto:rpd@afrinic.net" target="_blank">rpd@afrinic.net</a><br>
Subject: Re: [rpd] bylaws consultation aspects that impact the PDP/community<br>
<br>
<br>
<br>
<br>
On Sun, Aug 30, 2026, at 11:15 AM, Benson Muite wrote:<br>
> Hi Jordi,<br>
><br>
> Thanks for your efforts to improve the transparency of this process by <br>
> making your feedback public.<br>
<br>
It is good that there is an option to give comments semi-anonymously, but<br>
interaction between people interested in the review, and not just with the<br>
committee is useful for accountability and transparency. My comments on<br>
different clause changes:<br>
<br>
Article 1<br>
<br>
The definition of e-voting should be modified. At the present time nobody<br>
has come up with a voting system that would work over the internet that<br>
enables a secret ballot that is secure from outside interference and can be<br>
audited that votes are recorded as cast. While there are efforts to create<br>
such systems and some countries use e-voting in public legislative<br>
elections, most countries only use these for citizens in the diaspora<br>
because the expectation is that the likelihood of election interference<br>
having a significant effect on election outcomes is low. The text could be<br>
worded as follows:<br>
<br>
E-voting: An election system that allows a voter to record his or her ballot<br>
electronically from any location with a known degree of security and<br>
secrecy.<br>
<br>
Article 3<br>
<br>
AFRINIC should be registered in another jurisdiction for legislative<br>
purposes. The court process in Mauritius has proven inadequate to the task<br>
of legislating an international body that manages internet resources for<br>
African countries. The highest court of appeal for Mauritius is based in<br>
the United Kingdom, most African countries would object to this due to<br>
sovereignity. It would be worth examining whether AFRINIC can be registered<br>
as a body under the African Union or some other organization/country and<br>
have legal matters dealt with under a special court. There is an African<br>
Court for Human Rights, <a href="https://www.african-court.org/afchpr/" rel="noreferrer" target="_blank">https://www.african-court.org/afchpr/</a> perhaps its<br>
scope could be enlarged to also include technology issues on the African<br>
continent.<br>
<br>
<br>
Article 4<br>
<br>
(b) Before finalising any changes in fees, the Board shall consult the<br>
Members and allow at least 90 days for comments<br>
<br>
(c) After the Board finalises any changes in fees, the new fees shall take<br>
effect only from the commencement of the next financial year, provided that<br>
Members, as appropriate, and the community have been given not less than<br>
ninety (90) days' prior notice of the new fees.<br>
<br>
Article 5<br>
<br>
It would be good to clarify if the PDP process needs to be followed for<br>
changing the registered office, or for the community to be consulted.<br>
<br>
Article 6<br>
<br>
The rights and responsibilities of registered and associate members should<br>
be defined. Do registered members have the right to vote? What benefits<br>
and responsibilities do associate members have?<br>
<br>
Article 7<br>
<br>
7.2 should perhaps be changed from:<br>
Subject to this Constitution, Members shall be entitled:<br>
to<br>
Subject to this Constitution, Resource Members shall be entitled:<br>
<br>
Article 8<br>
<br>
Section 8.6 should be subject to independent oversight. A PDP type process<br>
could be followed or an independent body with knowledge of and interest in<br>
the internet in Africa could be constituted and consulted.<br>
<br>
Article 9<br>
<br>
It would be better for the board not to select the nominating committee.<br>
Having 6 members with rotation of 3 members every year would be better than<br>
a 2 year combined term.<br>
<br>
Random choice of nominating committee members from volunteers within AfriNIC<br>
resource members, perhaps by sub-region may allow new people to participate<br>
in AfriNIC.<br>
<br>
It does not seem reasonable to not have people on the nominating committee<br>
not be from regions where candidates are sought. As there are members from<br>
other regions, they are unlikely to have undue influence. One could perhaps<br>
indicate that they cannot participate in the nominating process for people<br>
for seats in their region.<br>
<br>
Will the nominating committee be required to meet in person?<br>
<br>
Article 10<br>
<br>
Given AfiNICs purpose, the staff may not have the required expertise to hold<br>
an election. If internet based elections will continue to be used some<br>
mechanism of getting temporary external expertise should be sought to<br>
supplement staff knowledge. A transparent process to do this should be<br>
followed and it should be subject to review and approval by AfriNIC resource<br>
members, not just the board.<br>
<br>
Article 11<br>
<br>
Clarification is sought as to whether a special meeting is a Special General<br>
Meeting only or can be any congregation of AfriNIC members and interested<br>
parties.<br>
<br>
Article 12<br>
<br>
An authentication procedure should be specified to ensure identities of<br>
attendees are verified. A method based on public private key verification<br>
is reasonable. As ip addresses are an important part of Resource Public Key<br>
Infrastructure, it would be useful to see this being used in AFRINIC<br>
processes. The designated contact for a resource member could digitally<br>
sign a copy of an identity document of an authorized representative or<br>
proxy.<br>
<br>
Article 13<br>
<br>
No director should be eligible for immediate re-election, Africa has no<br>
shortage of people that can be grown into effective leaders. One could<br>
consider a 4 year board member term instead. Efforts should be made to move<br>
the registered jurisdiction of AFRINIC outside of Mauritius. As much of the<br>
administrative work can be done remotely and on a part time basis, requiring<br>
residency in a particular jurisdiction of one director reduces the pool of<br>
eligible people. Jurisdictions that support nominated legal company<br>
representatives should be sought.<br>
<br>
Article 16<br>
<br>
It is reasonable to allow for constitution of advisory committees. However,<br>
this clause does not allow for independent oversight of the board. One<br>
could specify officers of other African technical and trade organizations as<br>
an independent oversight committee.<br>
<br>
Article 17<br>
<br>
The CEO should also be subject to an approval vote by resource members.<br>
<br>
An acting CEO should have limited powers.<br>
<br>
Article 18<br>
<br>
Directors other than the CEO should not receive remuneration. An<br>
expectation of a weekly hourly commitment should be made, and if there are<br>
regular tasks that exceed this hourly commitment, a staff person should be<br>
appointed to assist directors.<br>
<br>
Travel and other expenses should be capped and the cap reviewed by resource<br>
members. As much work can be done online, at most two trips per year should<br>
be reimbursed for directors.<br>
<br>
Article 19<br>
<br>
Board meetings can be held online. Board members have opportunities to meet<br>
at an AGM, but as travel within Africa can be problematic (for example due<br>
to visas and other travel barriers), requiring travel to every board meeting<br>
will reduce the number of people willing and able to serve on the board.<br>
<br>
Verifying identity of board members at board meetings should be done, for<br>
example using public key cryptography.<br>
<br>
Will there be a person or persons responsible for managing the conflict of<br>
interest policy? Will there be any need for confidentiality? If there will<br>
be a need for confidentiality in some areas, how will this be balanced with<br>
open governance followed in AFRINIC?<br>
<br>
Article 23<br>
<br>
Embed the use of digital signatures and digitally signed e-mail withing<br>
AFRINICS operating procedures.<br>
<br>
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</blockquote></div></div>