Dear Members and Community,
Mt views have been sought on the matter under reference.
Please find same hereunder.

On 17/05/2018 14:04, B

*_The Election Process and last AGMM._*

The appointment of Directors is carried out during an AGMM of the Company –Art 13.1 of the constitution.

The election of the Directors is carried out in terms of Art 13.2 of the constitution which refers expressly to the election process approved by the Board.

MoreoverArt 10.2 of the Constitution refers to precedent applied during an AFRINIC election and which de facto become part of the election guidelines.

The election processas it stands today is the one which was applied duringthe elections held during the last AGMM without any opposition.

This is what it provides:

*9.2 Paper Ballot on Election Day*

The voting conducted during the Annual General Members' Meeting is carried out via paper ballots containing a list of candidate names and a ballot number. Prior to the vote, all members present or participants holding a proxy will be requested to register and validate their membership status.

         + Voters should only vote for one candidate per
           category/region. Each mark on a ballot paper represents one
           vote. A ballot with more than one mark per category/region
           will be considered spoilt, and not be counted.
         + The ballot paper should provide voters with the option to
           not vote for any candidate (a.k.a. "None of the Above").
         + This will be a secret ballot election. An inclusion of any
           personal data on the ballot paper will invalidate the vote
           and will be counted as spoilt.
         + Elections will be closed as soon as the last member or proxy
           present in the meeting room casts his/her vote. Candidates
           with the highest number of votes in each category will be
           declared winners.
         + In the event of a tie for an open position, voting for that
           position will be repeated (Only by paper ballot) the same
           day until there is a winner.
         + All open positions shall be subject to an election process
           even if there is only one candidate. In that event, if the
           option [none of the above] got more votes than the only
           candidate, then the seat shall be considered vacant and the
           Board will be requestedto apply provisions of the Bylaws to
           temporarily fill the vacant seat

The last amendment of the election guidelines introduced the voting option “ None of the Above”. –(Vide second bullet point above.)Those voters who have cast their votes for “ None of the Above” have done so in compliance with the prevailingconstitution and these are thus valid votes. Every voter was aware of the new option.

The election guidelines are clear as to what happens when the “ None of the Above” option has a majority.- (Vide last bullet point above.)

The election guidelines must be read as a whole and all the provisions read together.

Legal Counsel –AFRINIC

17.05.2018

oubakar Barry wrote:

Hello Board and Legal Counsel,

Good that Omo spotted this.

It’s a matter of applying the board election process adopted by the board according to section 13.2 of the bylaws.

https://afrinic.net/en/community/elections/bod-election/process describes the process and section 9 spells out how to interpret the results in the case there are more than one candidate and in the case there is only one candidate. These two cases are addressed separately and differently.

It’s important to hear from the Board and the Legal Counsel, as the elections can be challenged.

Please advise.

Regards.

Boubakar


On Wed, May 16, 2018 at 5:24 PM, Omo Oaiya <omo.oa...@wacren.net <mailto:omo.oa...@wacren.net>> wrote:

    Greetings All,

    I am looking at the BoD election process and it seems to me that
    the recent e-mail from the Board Chair seeking nominations for
    vacant seats should not be extended to Western Africa.

    The particular clause I am referring to is in 9.2 -
    https://afrinic.net/en/community/elections/bod-election/process
    <https://afrinic.net/en/community/elections/bod-election/process>

     *


        Elections will be closed as soon as the last member or proxy
        present in the meeting room casts his/her vote. Candidates
        with the highest number of votes in each category will be
        declared winners

    I see from the list for West Africa that the candidate with the
    highest number of votes should have been declared winner and this
    is Dr Ousmane Tessa.  (btw, Dr Adewale Adedokun needs his name
    spelt correctly)


    *Western Africa - Seat 2*

    Dr Adelawe Abedekon - 43

    Dr Ousmane Moussa Tessa - 56

    None of the above - 78

    /Result: The seat is vacant/



    The results from the other regions are valid and supported by the
    following clause as they had one candidate.

          o All open positions shall be subject to an election
            process even if there is only one candidate. In that
            event, if the option [none of the above] got more votes
            than the only candidate, then the seat shall be
            considered vacant and the Board will be requested to
            apply provisions of the Bylaws to temporarily fill the
            vacant seat.


    Can AfriNIC and the nomcom please clarify?   We should not deprive
    Dr Tessa of a rightful win …. especially in the circumstances we
    find ourselves.

    Omo

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