Oh boy... Interesting AGMM awaits in Dakar, as it seems :)

⁣Cheers, Jan Žorž
---
Sent from mobile phone, please excuse brevity and top-posting...​

On Apr 11, 2018, 15:06, at 15:06, Andrew Alston 
<andrew.als...@liquidtelecom.com> wrote:
>Hi Sander,
>
>Mark tabled the following motion (and has agreed to let me send this to
>the community list on the phone just now) – this motion has also been
>accepted in emails to the members list from the board
>
>
>---- From Mark’s email to the member list ----
>
>I have been watching the mailing lists where Sunday, whom I consider a
>friend, has admitted to violating the NDA. He has stood down as chair
>but not tendered his resignation. There was a Board Meeting last night
>according to the mailing lists. The Board appear not to have ask Sunday
>to stand down (there was no announcement along these lines, therefore I
>request the following be tabled at upcoming AGMM in Dakar. As this is
>not a vote to remove the directors, but rather to express the
>communities lack of confidence in them, and to request their
>resignations, I request that this be tabled as a standard resolution.
>
>Introduction:
>
>In 2014, the board of directors (I was a director at that time) passed
>a resolution laying out the sanctions for NDA violations – that
>violations of the NDA could be result in expulsion from the board of
>directors.  In 2014, during a meeting in Tunis, that resolution was
>used to request, and subsequently gain, the resignation of two members
>of the board of directors.
>
>During allegations made recently on an unrelated matter, it came to
>light that the former chair of the board, Mr Sunday Folayan, wilfully
>and blatantly shared information related directly to the company, with
>a junior member of staff, and an admission in this regard was made to
>the community in an email sent by Mr Folayan on the 16th of March 2018.
>
>It is my belief that the sharing of the information was a direct
>contravention of the NDA – as well as a direct contravention of various
>sections of the companies act relating to the duties and
>responsibilities of a director.
>
>Since this time – there have been numerous calls for Mr Folayan to
>resign from the board – something that as of now he has not done.
>There have also been numerous calls for the board to act against Mr.
>Folayan in this regard.  The board has failed to do this – and is
>acting outside of historic precedent regarding similar violations.
>
>As such, it is my belief that the entire board is in violation of its
>duties and of the trust of the community – the degree of that loss of
>confidence will be tested by this motion as is proper procedure.
>
>It is also acknowledged that the board has the right to defy this
>motion and continue to claim legitimacy under strict legal
>interpretation – hence – this motion is phrased as a request – with the
>knowledge that should the board not adhere to this request if this
>motion passes – they will lose all credibility and the ability to claim
>legitimacy as representatives of the member base of AfriNIC –
>irrespective of their legal standing.
>
>As a former Board member and the proposer of this resolution, I wish to
>state that if this motion be passed and the request granted, I will not
>be standing for any seat myself.
>With this in mind:
>
>The members of AfriNIC here by RESOLVE:
>
>To state that the members of AfriNIC have lost all confidence in the
>current board of directors to act in the best interests of the company
>or its registered, resource and associate members.
>To request the resignations of every member of the board of directors
>with immediate effect
>To request that Viv Padayachee act as caretaker director with the sole
>purpose of appointing a NomCOM and convening an SGMM at which a full
>election will be held to appoint a new board of directors
>To elect a new board of directors by ballot at an SGMM within 90 days
>of these proceedings – at which point directors elected will hold their
>positions for the remainder of the specific term of the seat to which
>they are appointed.
>
>
>---- End of Mark’s email ----
>
>On 11/04/2018, 16:00, "Sander Steffann" <san...@steffann.nl> wrote:
>
>    Hi,
>
>> Considering that the board is facing a tabled and accepted motion of
>no confidence in Dakar – which has been accepted to the Agenda
>
>Wait, what motion? I have seen the message from Sunday that he is
>stepping down as chair, and I of course have seen the allegations. I
>haven't seen a motion on this list though...
>
>    Cheers,
>    Sander
>
>
>
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