In the past and by precedent voting at a meeting includes electronic votes cast 
during the course of a meeting.

Of course the board must rule on this - but failure to open the electronic vote 
would be massively prejudicial to the majority of the member base.

Andrew

Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
From: Owen DeLong <o...@delong.com>
Sent: Wednesday, April 11, 2018 7:09:29 PM
To: Andrew Alston
Cc: Jan Zorz Go6; community-discuss@afrinic.net; members-disc...@afrinic.net
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

That isn’t the question.

The question is… Since the wording of the motion specifically states “by ballot 
at the SGMM”, I am asking whether said ballot would include electronic voting 
leading up to the SGMM or not.

It could be argued that the specific text of the motion precludes electronic 
voting participation and only allows those present at the SGMM to cast votes 
(whether their own or as proxies for those not present or combination), 
depending on the specific legal definition of “ballot at the SGMM” under the 
regulations governing same.

It seems to me that clarification on this question is quite vital as I believe 
that the outcome of such an election could be severely tainted if electronic 
voting is not permitted.

While I do not have the ability to vote in either case, it seems to me that 
voters should be well informed of how the choice of electorate is affected by 
the wording in the motion prior to voting on the motion.

Owen

On Apr 11, 2018, at 07:21 , Andrew Alston 
<andrew.als...@liquidtelecom.com<mailto:andrew.als...@liquidtelecom.com>> wrote:

Owen,

I would presume that people could still vote for said directors – both before 
or after the vote is passed if it does indeed pass.

I would however hope that if the vote passed – the directors who were part of 
the current board would do the honorable thing and honor the motion and step 
aside.

Andrew


From: Owen DeLong [mailto:o...@delong.com]
Sent: 11 April 2018 17:15
To: Jan Zorz Go6 <j...@go6.si<mailto:j...@go6.si>>
Cc: Andrew Alston 
<andrew.als...@liquidtelecom.com<mailto:andrew.als...@liquidtelecom.com>>; 
community-discuss@afrinic.net<mailto:community-discuss@afrinic.net>; 
members-disc...@afrinic.net<mailto:members-disc...@afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

Can we get a clarification from staff whether the wording in this motion would 
permit or preclude electronic voting for the directors to be elected at the 
proposed SGMM?

Thanks,

Owen



On Apr 11, 2018, at 06:10 , Jan Zorz Go6 <j...@go6.si<mailto:j...@go6.si>> 
wrote:

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, at 15:06, Andrew Alston 
<andrew.als...@liquidtelecom.com<mailto: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<mailto: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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