Dear All, AK is referring to the other Daniel not this Simply Daniel. This is for clarity purposes only.
Simply, Daniel On Fri, 29 Apr 2022, 12:00 , <[email protected]> wrote: > Send Community-Discuss mailing list submissions to > [email protected] > > To subscribe or unsubscribe via the World Wide Web, visit > https://lists.afrinic.net/mailman/listinfo/community-discuss > or, via email, send a message with subject or body 'help' to > [email protected] > > You can reach the person managing the list at > [email protected] > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of Community-Discuss digest..." > > > Today's Topics: > > 1. Re: Governance Committee Communique (ABDULKARIM OLOYEDE) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Fri, 29 Apr 2022 00:39:29 +0100 > From: ABDULKARIM OLOYEDE <[email protected]> > To: AFRINIC Communication <[email protected]> > Cc: General Discussions of AFRINIC <[email protected]> > Subject: Re: [Community-Discuss] Governance Committee Communique > Message-ID: > <CAES4e9nRDbPbYAA0pELt-63OT5mn=5dt8u= > [email protected]> > Content-Type: text/plain; charset="utf-8" > > Dear Daniel and all, > > I laughed reading through your beautiful write-up from my 'friend'. As a > University lecturer, I have seen lots of beautiful writeups like this, and > at the end of the day, I wonder where the logic is?. I guess in this case; > the logic was left out after having a 2-day AFRINIC all expenses paid in > the name of a face to face meeting just to interpret simple English. > The by-law is written in simple English and I know that given my friend's > (Daniel) experience with batteries and bicycles, he speaks good English and > this task would have been achieved with a 20 mins zoom call. Please can we > all read the quote below from the bylaw, especially the words in bold > > 13.14) "Notwithstanding the other provisions but subject to the provisions > of article 13.10 of the bylaws, the Board shall, where it considers that it > may not be reasonable to wait for the next Annual General Members? Meeting > to fill a casual vacancy that has arisen pursuant to article 14.1(ii), > (iii) or (iv) below, have power at any time and from time to time to > appoint any person to be a* Director to fill a casual vacancy in the Board. > Any Director so appointed shall hold office only until the next following > Annual General Members? Meeting *at which Directors are elected and shall > then be eligible for re-election. [Amended at the 2020 AGMM]" > > The bylaw is clear a causal vacancy can ONLY be filled till the next AGMM. > This is only logical that once there is an opportunity to have elections, > then we cant have seats filled using a casual vacancy. Please, where is > the logic for board members to appoint board members beyond an emergency. > ?. We now have a situation where the Board is appointing the board members > , appointing the PDWG co-chair, appointing the governance committee, appeal > committee election committe and all of these in a community that is > expected to be a multistakeholder community. where are all the other > stakeholders? A tiny majority on the board has gone power drunk. There is > clearly no community within AFRINIC, just some few individuals trying to > grab as much power as possible. > > I was not surprised to read this beautiful write up from Daniel for two > reasons > 1. He who pays the piper dictates the tune. The board already came out with > the same absurd decision so it's only time for Daniel and his friends to > pay back the 2-days jamboree approved by the almighty powerful board chair. > 2. I have known Daniel for some time now. We are not that close because we > do not have the same ideology and we have always disagreed without picking > up a fight. So I must say mutual face-value respect is what we give each > other. However, I like him cos of his commitment to the Internet community, > and I decided to have a 1-1 discussion with him in Kobe JAPAN during the > ICANN 64 meeting a while ago. We had this conversation after we both went > out for dinner with some other friends. I am sure he would remember this > conversation (a mutual friend was also present). I told Daniel, "why are > you always afraid to shake the table when necessary? Why are you always > afraid to speak the truth when it is against the power that be" I had to > tell him these because he has a mentor in ICANN who turned herself into a > 'mini god' and when she is clearly wrong, Daniel would never speak out > against her because she is quite powerful. I must admit this woman is > powerful cos I have put her 'powers' to test. His reaction was that of a > man who would only gain something personally rather than go against the > power that be. All he wanted to be was to be the only power broker from > Uganda within the community. Therefore I am not surprised with him trying > to twist simple English words here just to arrive at the same conclusion as > that of the power that be. > > The board has consistently decided to arm-twist the community all in the > name of trying to fight some external forces, but what the current board > chair and his friends have forgotten is that they can't be in power > forever. Unfortunately, they would have done the damage when what goes > around comes around. We have seen it all when the opposition suddenly > finds themself in government, they do things that are considered much more > terrible. > > I rest my case here. This is just for the future record as some are > pushing others to pick up arms and soon it would be AFRINIC's funeral. > > A Yoruba proverb says; "Ti owo omode o ba ti te eku ida, ko le bere iku to > pa baba e..." Loosely transliterated as, "...When a man has hardly laid his > hands on the handle of a sword, it is foolhardy to ask for the kind of > death which killed his father..." > > > Cheers > > AK > > > > On Thu, Apr 28, 2022 at 8:13 AM AFRINIC Communication <[email protected]> > wrote: > > > Dear Community, > > > > On April 23rd and 24th 2022, the GovCom had a 2-day face-to-face working > > session for the purposes of the assignment in reference to the Board's > > resolution 202202.677, whereby, the GovCom met as a result of a board's > > request where it had been mandated to undertake a Bylaws' amendment > > exercise and recommend workable solutions by the end of April 2022 in > order > > to address the situation caused by casual vacancies at the level of the > > Board. > > > > In the spirit of transparency and good governance mechanisms, GovCom > feels > > compelled to share with the AFRINIC Members and Community at large, the > > observations and recommendations GovCom made to the Board of AFRINIC > after > > the legal team was solicited on specific issues only and on as a "when > and > > required" basis discussions on the matters at hand. > > > > For the sake of clarity and ease of reference, the relevant sections of > > the 2007, 2016, and 2020 AFRINIC By-Laws are repeated below: > > > > By-laws 2007: > > 11.4 For the avoidance of doubt, the sequential election of Elected > > Directors prevailing at the date of adoption of this Constitution shall > be > > continued so that, on the expiry of the respective terms of office of > > Elected Directors, the Directors shall be elected in the following > sequence: > > (i) Election for Directors representing Northern Africa and Western > Africa; > > (ii) Election for Directors representing the Indian Ocean and Central > > Africa; and > > (iii) Election for Directors representing Southern Africa and Eastern > > Africa. > > > > 11.5 The Primary Directors and the Alternate Directors shall be elected > by > > Members on the date of each Annual General Meeting every three years. For > > the avoidance of doubt, the election of Directors shall not be considered > > as being part of the annual General Meeting but the proceedings of such > > election shall, subject to Article 10.15 above, be the same as for a > > General Meeting. > > > > 11.7 In the case where there is no eligible candidate for a particular > > region, the Director already in office in the particular seat shall be > > deemed to have been elected for one further term. > > > > 11.12 The Directors shall have power at any time and from time to time to > > appoint any person to be a Director to fill a casual vacancy in the > Board. > > Any Director so appointed shall hold office only until the next following > > Annual General Meeting at which Directors are elected and shall then be > > eligible for re-election. > > > > > > By-Laws 2016: > > 13.5 Each of the following six sub-regions of Africa shall be represented > > by one Director as indicated below: > > (i) Northern Africa (seat 1); > > (ii) Western Africa (seat 2); > > (iii) Indian Ocean (seat 3); > > (iv) Central Africa (seat 4); > > (v) Southern Africa (seat 5); and > > (vi) Eastern Africa (seat 6). > > > > Each Director elected under Articles 13.4(i) and 13.4(ii) of this > > Constitution shall hold office for a term of three years, which term of > > office shall expire on the date of the Annual General Members' Meeting > held > > on or around the third anniversary of the date of appointment of such > > Elected Director. Subject to Article 13.6, such Director shall be > eligible > > for re-election on the expiry of his term of office. > > > > 13.6 For the avoidance of doubt, the sequential election of Directors > > elected under Article 13.4 (i) of this Constitution, prevailing at the > date > > of adoption of this Constitution shall be continued so that, on the > expiry > > of the respective terms of office of Directors, they shall be elected in > > the following sequence: > > (i) Election for Directors representing Northern Africa and Western > Africa; > > (ii) Election for Directors representing the Indian Ocean and Central > > Africa; and > > (iii) Election for Directors representing Southern Africa and Eastern > > Africa. > > > > 13.14 The Directors shall have power at any time and from time to time to > > appoint any person to be a Director to fill a casual vacancy in the > Board. > > Any Director so appointed shall hold office only until the next following > > Annual General Members' Meeting at which Directors are elected and shall > > then be eligible for re-election. > > > > By-Laws 2020: > > 13.6) For the avoidance of doubt, the sequential election of Directors > > elected under Article 13.4(i) of this Constitution, prevailing at the > date > > of adoption of this Constitution shall be continued so that, on the > expiry > > of the respective terms of office of Directors, they shall be elected in > > the following sequence: > > The election for Directors representing Northern Africa and Western > > Africa; > > The election for Directors representing the Indian Ocean and Central > > Africa; and > > The election for Directors representing Southern Africa and Eastern > > Africa. > > > > 13.7) Election mechanism > > Except for the Chief Executive Officer, and subject to Articles 13.10 and > > 13.11, all other Directors shall be elected by Resource and Registered > > Members on the date of each Annual General Members? Meeting. > > Six directors representing each of the regions listed in Article 13.5 > > shall be elected according to Article 13.6. > > Two Region-Independent Directors representing seats 7 (seven) and 8 > > (eight) shall be elected during the same elections as for Northern and > > Western (seats 2 and 1) and the Indian Ocean and Central (seats 3 and 4) > > and shall hold office according to the terms of Article 13.10 of the > > Constitution. > > The NomCom shall, in terms of the existing election process, take all the > > relevant actions for the participation of these nominees in the election > of > > directors. > > > > 13.14) Notwithstanding the other provisions but subject to the provisions > > of article 13.10 of the bylaws, the Board shall, where it considers that > it > > may not be reasonable to wait for the next Annual General Members? > Meeting > > to fill a casual vacancy that has arisen pursuant to article 14.1(ii), > > (iii) or (iv) below, have power at any time and from time to time to > > appoint any person to be a Director to fill a casual vacancy in the > Board. > > Any Director so appointed shall hold office only until the next following > > Annual General Members? Meeting at which Directors are elected and shall > > then be eligible for re-election. [Amended at the 2020 AGMM] > > > > The Situation at Hand > > There is a potential situation in which more than 3 Seats would have come > > up for election in the coming Annual General Members Meeting of 2022 > (AGMM > > 2022) and perpetually breaking the election sequence in Seats for the > > regions as specified in the Articles 13.6 and 13.7. > > > > Whereas the Board acted in its respective capacity, to ensure that the > > Seat for Director to East Africa Region (Seat 6) was filled in September > > 2020. However, instead of filling the seat via a casual vacancy, it > > conducted elections for that seat prematurely, causing a situation in > which > > the Director would have completed the full tenure prior to the election > > sequence as per Articles 13.6 and 13.7 of the Bylaws. > > > > The GovCom deemed it fit that a By-Law amendment exercise may not be a > > solution to the current challenges based on the observations below > > > > 1. GovCom requested and reviewed all the past 3 By-laws and especially > > regarding the sections on the Filling of Casual Vacancy and the ensuing > > conduct of elections to the Board of AFRINIC as a result of it. GovCom is > > of the view that the explicit provision in the By-Laws regarding the > > filling of a Casual Vacancy cannot be used in the conducting of > elections, > > nor can the explicit provisions in the By-Laws regarding the conducting > of > > elections be used in filling a Casual Vacancy on the Board. And that > when > > interpreting the By-Laws it must be in full taking into account all the > > relevant provisions and not simply a part of it. > > > > 2. GovCom is of the view that in all 3 By-Laws, provisions were made to > > ensure the Board at any time and from time to time fills in a causal > > vacancy should the need arise, and yet none of the 3 By-Laws provided > > alternative election mechanisms for the ensuing conduct of elections > after > > a casual vacancy has been filled. And as such GovCom is of the view that > > the only elections mechanisms that be used to conduct elections either > post > > causal vacancy and/or at any other time are those specified in Article > 13.6 > > and Article 13.7 of the 2020 By-Laws. > > > > 3. GovCom found it totally unnecessary and irrelevant to go through a > > By-Law amendment exercise of Article 13.14 just to arrive at using the > same > > election mechanisms in Articles 13.6 and 13.7 for the conduct of > elections > > when no other alternative election mechanisms were ever in place. > > > > 4. The By-laws do not empower the Nomination Committee, Election > > Committee, and also the AFRINIC Board to vary the mandated 3-Year tenure > of > > an elected Director or vary the sequence in which Directors of the 6 > > Regions and 2 Non-Regions are elected. > > > > Challenges and Risks > > The GovCom articulated that the following challenges are currently being > > experienced in the organization with reference to the election process > and > > the filling of casual vacancies. These challenges may at a later stage > > impact the governance of the organization. These are:- > > 1. Misinterpretation of Article 13.14 in relation to when the next > > AGMM of the respective seats are to be filled > > > > 2. Organization Instability when the Board can?t raise quorum due to > > when many seats are open for elections > > > > 3. Giving an elected Director a tenure less than the 3-years mandated > > by the By-Laws > > > > 4. Breaking of sequence in Articles 13.6 and 13.7 > > > > Recommendations to the AFRINIC Board > > Whereas the GovCom is conversant of all the above challenges that > > reference Article 13.14. > > > > GovCom made the following recommendations to the AFRINIC Board that: > > 1. A maximum of only three (3) seats should be opened for election at > > any respective AGMM as per the following: > > > > 1. Presently, elections for Board Seats #1, #2 and #7 will be held in > > the year 2022; > > > > 2. For the purposes of elections of Board Seats #3, #4 and #8, same > to > > be held in the year 2023; > > > > 3. For the purposes of elections of Board Seats #5 and #6, the same > is > > to be held in the year 2024; > > > > 2. In an event that a casual vacancy must be filled, the Board should > > fill the said vacancy till the end of the previous candidate?s mandate, > > i.e. when the next AGMM of the respective seat comes up for election per > > Article 13.6 and Article 13.7 of the 2020 By-Laws. > > > > 3. Board Seat #4 is vacant and should be filled with casual vacancy > up > > to AGMM 2023 > > > > 4. Board Seat #5 be extended to AGMM 2024 to ensure the stability of > > the sequence as per Articles 13.6 and 13.7 of the 2020 By-Laws. > > > > 5. Furthermore in regard to Seat #6 - the Board should find an > > appropriate mechanism to ensure that the Seat does not become vacant > after > > the AGMM in 2023. > > > > 6. Amendment of the process of filling the casual vacancy by > including > > the community involvement in form of comments then the Board will make an > > informed decision from the comments. > > > > General recommendations from Committees > > GovCom notes that most of the recommendations are to be effected in the > > coming year or two years. Since the GovCom receives requests from the > > Board, the CEO, and the community, it is difficult to track the status of > > the implementation of these recommendations and the Board?s resolutions; > > ? Therefore, the GovCom recommends that a Board resolution tracking > system > > be implemented > > > > GovCom's report should not be confused with a minutes of the GovCom > > meeting which is required to be published as required. > > > > GovCom considers the recommendations made to the AFRINIC Board as final > > and yet would welcome comments from the AFRINIC Members and Community at > > large. > > > > Regards, > > > > Daniel K. Nanghaka > > Chair ? GovCom > > _______________________________________________ > > Community-Discuss mailing list > > [email protected] > > https://lists.afrinic.net/mailman/listinfo/community-discuss > > > > -- > Website <http://www.unilorin.edu.ng>,?Weekly Bulletin > <http://www.unilorin.edu.ng/index.php/bulletin>?UGPortal > <http://uilugportal.unilorin.edu.ng/> PGPortal > <https://uilpgportal.unilorin.edu.ng/>?HelpDesk > < > http://www.unilorin.edu.ng/index.php/more-resources/e-notices/6845-how-to-resolve-email-portal-login-problems-for-staff-and-students > > > -------------- next part -------------- > An HTML attachment was scrubbed... > URL: < > https://lists.afrinic.net/pipermail/community-discuss/attachments/20220429/5805dae6/attachment-0001.html > > > > ------------------------------ > > Subject: Digest Footer > > _______________________________________________ > Community-Discuss mailing list > [email protected] > https://lists.afrinic.net/mailman/listinfo/community-discuss > > > ------------------------------ > > End of Community-Discuss Digest, Vol 912, Issue 1 > ************************************************* >
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