Owen,

I would even accept a minimally redacted version – so long as the redactions 
can be clearly seen – so we can see not the information that was redacted – but 
the context around the redaction.

But – what we have at the moment is a report written by the board itself that 
has absolutely no independence whatsoever and no transparency – that – is not 
good enough

Andrew


From: Owen DeLong [mailto:[email protected]]
Sent: 07 May 2018 12:56
To: Ali Hussein <[email protected]>
Cc: General Discussions of AFRINIC <[email protected]>; KICTAnet 
ICT Policy Discussions <[email protected]>
Subject: Re: [Community-Discuss] Board update on Governance Committee report



On May 7, 2018, at 07:04, Ali Hussein 
<[email protected]<mailto:[email protected]>> wrote:
Apologies for cross-posting. Every African I believe needs to know what is 
going on at AFRINIC. For those who are hearing about AFRINIC for the first time 
please follow the link below

About Afrinic<https://www.afrinic.net/en/about/origins>

Dear Abibu

Thank you for your report. This is much appreciated.

I would like to state the following:-

1. That the community was expecting the Board to share the FULL report. This is 
in line with Corporate Governance Ethos and:-

While I do agree that the board should share a minimally redacted version of 
the report, expecting the full report is unreasonable. It is virtually 
guaranteed that the report contains privileged information and private data 
regarding AfriNIC personnel which it would be inappropriate to disclose 
publicly.



a) It will go a long way in ensuring that the community doesn't feel (rightly 
or wrongly) that there is any cover up being perpetrated by the board.
b) Protects the board from allegations of impropriety.
c) Will serve to start the process of healing and ensuring that AFRINIC 
continues its very important role in the African Internet Ecosystem without the 
cloud that is currently hanging over it.

Agreed, and I hope the board will soon release a report with only minimum 
redactions where such redactions are fully visible.



2. To quote you:-

​'​
The Board has also been advised that in considering the report they need to be 
cognizant of issues of confidentiality and data protection
​'​


​For you to make such a statement the community would like to know which 
by-laws you are quoting from and for it to satisfied that there is going to be 
breaches of confidentiality and data protection if the original report is 
released.

Seriously? Any report of this nature is likely to contain the following 
categories of such information:

1. Personally identifiable information about AfriNIC staff, including members 
not subjects of the investigation.

2. Confidential information subject to the board NDA.

3. HR sensitive data which cannot be legally disclosed.



Finally, this is to my fellow community members :-

Let us be circumspect​ in how we engage on these emotive issues. Some of us 
seem to be engaging in a 'Scorched Earth Policy' agains the Board. This is ill 
advised. There are better ways of addressing these issues. With sobriety and a 
sense of collective responsibility. AFRINIC is a critical player in the ICT 
Ecosystem in Africa.



​Let us not throw the baby out with the bath water..

Agreed.

Owen



Regards​



Ali Hussein

Principal

AHK & Associates



Tel: +254 713 601113

Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: 
http://ke.linkedin.com/in/alihkassim<http://ke.linkedin.com/in/alihkassim>



13th Floor , Delta Towers, Oracle Wing,

Chiromo Road, Westlands,

Nairobi, Kenya.

Any information of a personal nature expressed in this email are purely mine 
and do not necessarily reflect the official positions of the organizations that 
I work with.

On Sun, May 6, 2018 at 10:55 PM, Abibu Ntahigiye 
<[email protected]<mailto:[email protected]>> wrote:

Dear Afrinic Community,




The Board in March 2018, as per resolution 201803.391, tasked the Governance 
Committee (GC) to convene an investigation on allegations made by a staff 
member. The GC was requested to define the Terms of Reference (TORs) for an 
independent investigation, and to appoint an investigation committee.  The 
Board requested the findings to be reported by 30 April 2018.


The GC notified the community that they would deliver the report by 4 May 2018, 
and has submitted the report to the Board on 2 May 2018. The Board acknowledged 
receipt of the report. The Board is going to thoroughly consider the report and 
recommendations thereof, and will share with the community applicable actions 
and steps that will be taken in due course.


The Board has also been advised that in considering the report they need to be 
cognizant of issues of confidentiality and data protection.


With regards to allegations made against certain Board members, the Board can 
announce the following outcomes as derived from  the report:



  *   That there was a violation of the Non-Disclosure Agreement (NDA) and  
section 153 of the Companies Act 2001, by Mr Sunday Folayan.


  *   That there is no evidence whatsoever against Haitham El Nakhal of having 
breached the terms of the NDA and/or section 153 of the Companies Act 2001.



  *   That the Investigation Committee (IC) is satisfied that there was no 
evidence of harassment, bullying or intimidation by Board members.


The Board will re-evaluate the interim Chair and Vice Chair appointments that 
were made in resolution 201803.398.


With regards to allegations made against certain members of staff, the Board 
observed from the IC report  that there may have been inappropriate behaviour 
on the part of certain staff members.



The findings and recommendations related to staff matters will be addressed 
through necessary processes.


We appeal to the community to allow the Board time to consider the report 
carefully, and provide feedback to the community no later than 31 July 2018 on 
the next steps and how the recommendations will be implemented.



Kind regards

----


Abibu R. Ntahigiye

Chair, Afrinic Board.


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