Noah,

Section 13.8 exists in specific circumstance – to fill a casual vacancy – which 
is only valid until the date of the next election.  So yes – in the event of 
none of the above – the board has the right to appoint for a limited period – 
not a full 3 year term.  Do I believe that is right? No – but it is the rules.

That however – is very different from a 3 year forced appointment

Andrew


From: Noah <[email protected]>
Sent: Tuesday, 4 June 2019 13:36
To: Sander Steffann <[email protected]>
Cc: General Discussions of AFRINIC <[email protected]>; AFRINIC 
Communication <[email protected]>
Subject: Re: [Community-Discuss] Announcement for Final Candidate Slate for 
Open Seat on AFRINIC Governance Committee


On Tue, 4 Jun 2019, 13:30 Sander Steffann, 
<[email protected]<mailto:[email protected]>> wrote:
Hi,

> All of the applicable definitions require the ability (right) to freely 
> choose. When there is no choice, there is no election.

And to be perfectly clear on this: as there is no election, I believe this 
violates section 13.7(i) of the Afrinic bylaws, as those explicitly state:

"""
Except for the Chief Executive Officer, and subject to Articles 13.1O and 
13.11, all other Directors shall be elected by Resource and Registered Members 
on the date of each Annual General Members' Meeting.

Read the bylaws especially section 13.8


"""

No election -> no Directors

Board can appoint.



Cheers,
Sander

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