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[Community-Discuss] Board update on Governance Committee report

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:owen@delong.com]
Sent: 07 May 2018 12:56
To: Ali Hussein <ali@hussein.me.ke>
Cc: General Discussions of AFRINIC <community-discuss@afrinic.net>; KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Subject: Re: [Community-Discuss] Board update on Governance Committee report

On May 7, 2018, at 07:04, Ali Hussein <ali@hussein.me.ke<mailto:ali@hussein.me.ke>> 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<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: ke.linkedin.com/in/alihkassim<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 <abibu.ntahigiye@gmail.com<mailto:abibu.ntahigiye@gmail.com>> 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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