In fact, in electing one member for a 2-year remainder of term two years ago, 
the precedent in question has already been set by decision of the membership at 
that time.

Owen


> On May 17, 2022, at 17:45 , Sunday Folayan <[email protected]> wrote:
> 
> Dear Mr. NANGHAKA,
> 
> The proposals suggested by Mr. Folayan and Mr. DeLong where the Board 
> conducts elections out of sequence for certain seats and for the remainder of 
> the unexpired term of the seat is likened to a bi-election mechanism. 
> Unfortunately, there are no such provisions for bi-elections within the 
> current By-Laws 2020.  And as such, it would be a clear breach of the 
> provisions in the current By-Laws.
> 
> What is "bi-election" and what is "bi-election mechanisms?" Do you mean 
> by-elections?  I am lost, as to these inventions that seem to obfuscate the 
> issue..
> 
> If you mean by-election above, then stating that there is no provision for 
> by-election in the by-laws is not correct.
> 
> 10.2) For the removal of doubt, where during the holding of an AFRINIC 
> election, any issue is raised, which is not expressly provided for in this 
> Constitution, the members present shall collectively and by consensus resolve 
> it. Such resolution shall for the future AFRINIC elections be applied as a 
> precedent and become an integral part of the election guidelines.
> 
> AfriNIC Election begins right from Vacancy, not Voting. Plenty of Election 
> issues have been raised by the Board, GovCom and us herein. Give members the 
> opportunity to resolve any contentious issue, as provided by the bylaw so 
> that it can become a precedent. 
> 
> Simply put it all on the AGMM agenda for members to discuss, vote upon and 
> resolve.
> 
> Sunday.
>  
> 
> On Tue, May 17, 2022 at 6:45 AM DANIEL NANGHAKA <[email protected] 
> <mailto:[email protected]>> wrote:
> Dear Community,
> 
> I want to thank the community for the comments and suggestions made after the 
> Governance Committee published its communique on the recommendations made to 
> the AfriNIC Board. GovCom plans to take all the suggestions and comments into 
> the next meeting and deliberate on them further. We take note of the 
> comments/recommendations made especially by Mr. Folayan and Mr. DeLong.
> 
> I would however like to remind the community about the provisions within the 
> current By-Laws that lead to the recommendations GovCom made to the Board.  
> There only provisions within the current By-Laws that would enable a person 
> to be a member of the AfriNIC Board.
> Filling of a Casual Vacancy in pursuit of Article 13.14 of the By-Laws
> Conduct of Elections with a full tenure of three (3) years in pursuit of 
> Article 13.5, Article 13.6, and Article 13.7 of the By-Laws
> Either the Board, NomCom, ECom, GovCom, or even Members at an AGMM have the 
> power to vary the sequence seats for Directors are elected or the mandated  
> 3-year tenure of an elected Director
> The proposals suggested by Mr. Folayan and Mr. DeLong where the Board 
> conducts elections out of sequence for certain seats and for the remainder of 
> the unexpired term of the seat is likened to a bi-election mechanism. 
> Unfortunately, there are no such provisions for bi-elections within the 
> current By-Laws 2020.  And as such, it would be a clear breach of the 
> provisions in the current By-Laws.
> 
> In regards to the Eastern Africa seat, the Board restored the tenure of the 
> elected Director to the mandated 3-year term.  They were no extensions of the 
> tenure as the Board did not have the mandate to reduce the tenure to 2-years 
> in the first place.
> 
> I hope this puts to rest the ongoing debate and clears the way for a 
> successful AGMM.
> 
> regards,
> 
> Daniel
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