Rurik McKaiser Attorneys

22/11/2024

Rurik Ngonyama Ka Tixo is ready to attend the National Presidential MSME & Cooperatives Awards 2024.








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22/02/2024

Happy Birthday to our Principal Rurik!

We are honoured to work with you and joyful to celebrate the brilliant leader that you are.

Blessings upon blessings to you!

From your Team

21/12/2023

No-one has been more in the public eye this year than electricity minister Kgosientsho Ramokgopa. As South Africa has sat in the dark, it’s looked to him to fulfill his one mandate and keep the lights on...

I wonder what 2024 will be like...

No-one has been more in the public eye this year than electricity minister Kgosientsho Ramokgopa. As South Africa has sat in the dark, it’s looked to him to fulfil his one mandate and keep the lights on

18/12/2023

So, it is that time of the year again. Holiday fever, sunny days, year-end parties, and lots of alcohol.

To this end, please take note of the following with regards to DRINKING AND DRIVING.

1. Introduction to Driving Under the Influence in South Africa: This brief note aims to elucidate the realities surrounding the offence of driving under the influence (DUI) within the jurisdiction of South Africa. It serves as an informative guide to understanding the legal framework, blood-alcohol concentration (BAC) limits, and the severe implications for those found in violation.

2. Legal Blood-Alcohol Concentration Limit and Measurement: As per the National Road Traffic Act 93 of 1996, the permissible BAC limit for drivers in South Africa is established at 0.05 grams of alcohol per 100 millilitres of blood. This limit is uniformly enforced across South Africa, in all 9 provinces, irrespective of the driver's age, or level of experience. Overstepping this threshold is deemed a legal transgression, attracting various legal consequences.

3. Use of Breathalyser Devices in Enforcement: Traffic enforcement authorities frequently employ breathalyser instruments for the rapid and precise estimation of a driver's BAC. In South Africa, a BAC of 0.05 grams per 100 millilitres of blood equates to a breathalyser reading of 0.24 milligrams of alcohol per 1000 millilitres of breath. These devices are pivotal in the law enforcement process and play a significant role in the identification and apprehension of drivers impaired by alcohol.

4. Consequences for DUI Offences: Engaging in the act of driving while under the influence of alcohol is considered a grave offence in South Africa. The severity of the penalty is contingent upon the specific circumstances of the infringement, the recorded BAC level, and the offender's prior history of similar offences.

5. Penalties for First-Time Offenders: Individuals found with a BAC exceeding the legal limit but less than 0.08 grams per 100 millilitres of blood may face penalties including fines and/or suspension of their driving licence, as stipulated by the National Road Traffic Act. The judiciary may also impose a custodial sentence (doing actual time in jail), typically not exceeding six years for initial infractions.

6. Increased Penalties for Repeat Offenders: Repeat offenders, or those apprehended with a BAC exceeding 0.08 grams per 100 millilitres of blood, are subject to more stringent penalties. These include heftier fines, prolonged suspension of driving privileges, and a mandatory custodial sentence, the duration of which is at the discretion of the judicial system in accordance with the National Road Traffic Act.

7. Implications for Causing Harm: Drivers under the influence causing injury or fatality may face charges of culpable homicide or murder. Such offences invite more severe legal repercussions, including significantly extended periods of imprisonment.

8. Stricter Regulations for Professional Drivers: Professional drivers are held to a more rigorous standard, with a reduced BAC limit of 0.02 grams per 100 millilitres of blood. Non-compliance with this regulation can result in severe outcomes, such as the revocation of their professional driving licence.

9. Responsibility and Road Safety: It is imperative for drivers to comprehend the legal BAC limit and its implications. The National Road Traffic Act's stringent measures aim to deter the perilous practice of driving under the influence. Motorists are urged to exhibit responsible behaviour, and abstain from driving, or being in control of a vehicle while intoxicated.

The RMA Inc. Legal Disclaimer
Please note that while meticulous efforts have been made to ensure the accuracy and reliability of the information provided in this note, the writer and publisher assumes no liability for any actions taken based on the content of this note. This material is not to be treated as legal advice, but is intended solely for informational purposes.

08/12/2023

Many years ago – whilst chilling on the lawns of Rhodes University, behind Drosdy Arch – I shared these words with my beloved Brother – Sherme Strydom, "Success is not an event or an achievement, it is an entire state of being". AND some years later, whilst visiting Sherme in England, Sherme quoted ME back to ME! The very same words! It was VERY impactful to be re-quoted by such a super-smart Brother of mine.

Below, please see five ideas that encapsulates a different aspect of viewing success as a comprehensive, enduring state, rather than a fleeting moment in time. For me, this perspective reshapes the approach to leadership, infusing it with range and depth, purpose and focus, and also a more forward-thinking and visionary mentality.

1. Embracing Success as a Continuous Journey: True leadership recognises that success is not merely a single-point destination, but instead, it is continuous journey. Leaders who embrace and understand this, embeds a culture of ongoing learning and development within their teams. This is further augmented by the leader inspiring and insatiable appetite for curiosity within their teams. They inspire their teams to see beyond single achievements, encouraging a mindset where every step, every learning experience, is part of a larger journey towards self-satisfying excellence. This approach fosters an environment where success is seen as a sustained state of progress and innovation – a complete culture, baked into the DNA of the leader and his team.

2. Cultivating a State of Resilience and Adaptability: Success as a state of being, very clearly implies high levels of resilience in the face of challenges – sometimes very extreme challenges. Adaptability in changing circumstances is an absolute must. Highly effective leaders cultivate these qualities within themselves and their teams, and take their time to be very repetitive and patient in teaching their teams the elements of being reliant and adaptable, and doing so by example. They demonstrate that success involves navigating through uncertainties and adapting to new situations and scenarios with flair and agility. By embodying resilience, leaders set a powerful example, showing that success is about thriving amidst adversity, not just about achieving goals in favourable conditions.

3. Fostering a Culture of Continuous Learning: A leader who views success as a state of being prioritizes continuous learning and development – it is all about Kaizen. In this paradigm, success is about constantly expanding one's horizons, acquiring new skills, and embracing new ideas. This perspective encourages teams to remain curious, open-minded, and committed to self-improvement. It transforms the workplace into a dynamic learning environment where success is synonymous with growth and knowledge acquisition and the creative application of knowledge and wisdom.

4. Encouraging a Holistic View of Success: A leader inspired by this (holistic) notion of success understands the importance of an holistic and systemic approach. They recognize that professional achievements are just one of many facets of success. True success encompasses personal well-being, work-life integration, and positive relationships. Leaders who promote this comprehensive view encourage their teams to seek deep meaning and fulfilment in all aspects of life, leading to a more motivated, satisfied, and productive workforce that contributes to solutions.

5. Leading by Example in the Pursuit of Excellence: My final comment WRT the embodiment of success, as a state of being, leaders must lead by example. This means consistently striving for excellence in their own actions, setting high standards, and living the values they advocate, and for me these values are Teamwork, Integrity, Accountability, and Diversity Awareness. By doing so, leaders and their teams become the living embodiment of the principle that success is an ongoing process. Their commitment and passion become a powerful motivator for the leader himself and also for his team, fostering an atmosphere where success is an ingrained part of the organizational culture. Here I am thinking about bout Rassie Erasmus and the Springbok team of Siya Kolisi.

Well done to YOU the reader, for getting to the end of this piece!

Know that success is a choice, and YOU can make that choice right now.

Rurik

08/12/2023

"It's more fun to be a fan than a critic. I'm not looking to spend my life tearing things down, when it can be so satisfying to build things up."
James Clear

07/12/2023

This is such a useful and informative book by Stafford and Schindlinger.

I read it a few years ago, and have just re-read it.

I love the fact that the authors are IN THE FILED as practitioners, and write from a place of "this is how we do it, and this is tried and tested".

Definitely worth a read!

01/12/2023

"You are not the cause of everything that happens to you, but you are responsible for how you respond to everything that happens to you."

James Clear

09/11/2023

"Forget about peak performance. Would your results improve if you simply focused on being reliable in the normal moments?

Show up when it's easy to skip. Do the fundamentals and do them well. And so on.

Before you make it complicated, remember there are always simple improvements waiting to be made."

James Clear

08/08/2023

I'm so VERY PROUD of Karyn Maughan for standing up for all of us, and making sure that SLAPP suits are killed and that we can have our say.

Speaking truth to power is essential to Good Governance.

A 'SLAPP' suit is the acronym for Strategic Litigation Against Public Participation or exaggerated defamation lawsuits, brought with the intention of intimidating and discouraging individuals from challenging the organisation in question.

News24 is gearing up for its On The Record Summit in Johannesburg, where legal journalist Karyn Maughan will host a panel discussion on safeguarding whistleblowers and independent journalism in South Africa.

14/07/2023

Now let us see what will happen when Zuma goes back to Jail.

Apex court ruling could see former president back in jail to serve rest of his 15-month sentence