3 March 2026 · Daily Briefing

New 3,080-ha Vaal SEZ proposed; Labour Court clarifies termination of union organisational rights

A major Sedibeng SEZ designation opens for comment by ~2 April 2026, and a reportable judgment distinguishes settlement-based organisational rights from arbitration awards.

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Primary briefing · Gazette
high impact 54251  · 7186  · 2026-03-03
Proposed Vaal Special Economic Zone — 3,080 ha across Sedibeng, Gauteng
Comment closes
02 Apr 2026
The Minister of Trade, Industry and Competition has published his intention under section 24(1) of the Special Economic Zones Act 16 of 2014 to designate the Vaal Special Economic Zone, comprising five land parcels totalling approximately 3,080 hectares in the Sedibeng District, Gauteng Province. The largest single parcel (Portion 25 of the Farm Zwartkopjies No. 143-IR) accounts for roughly 2,078 ha. The notice opens a 30-day public comment window closing approximately 2 April 2026. If designated, the zone would trigger the SEZ Act's incentive and regulatory framework, including potential tax benefits, customs-controlled area provisions, and infrastructure support for qualifying operators.
Who is affected
Landowners in the Sedibeng District (Lesedi, Emfuleni, Midvaal municipalities)Industrial and manufacturing businesses considering SEZ investmentCommercial property developers and investors in GautengInfrastructure and logistics operatorsSEZ and trade-incentive advisory practitioners
What this means for practitioners
Affected landowners and prospective investors must submit comments or objections by approximately 2 April 2026 to Dr Lesego Serwadi at the dtic or via SEZEnquiries@thedtic.gov.za.
Advisors to clients with land or industrial interests in the Sedibeng area should assess whether the proposed designation affects their holdings or development plans and advise on participation in the comment process.
Monitor for the final designation notice, which will confirm the zone boundaries and trigger the SEZ Act incentive framework.
Primary briefing · Judgment
high impact Labour Court (Cape Town)  · 2026-03-03
University Allied Workers Union v University of Cape Town
The University Allied Workers Union (UAWU) obtained organisational rights — workplace access and stop-order facilities — at UCT through a settlement agreement concluded during CCMA proceedings. The settlement was never converted into an arbitration award under section 142A of the LRA. UCT subsequently gave written notice terminating those organisational rights. UAWU brought an urgent application to declare the termination unlawful, arguing UCT was required to first refer a representativity dispute to the CCMA under section 21(11) of the LRA before withdrawing the rights.
The court held: The court dismissed the application. It held that section 21(11) applies only to organisational rights regulated by an arbitration award issued under section 21(7). Because the settlement agreement was never made an arbitration award, it constituted a collective agreement — being an agreement between an employer and a trade union on a matter of mutual interest (per Bader Bop). UCT was therefore entitled to terminate it under section 23(4) of the LRA by giving reasonable written notice, without first referring the matter to the CCMA. The union failed to establish a prima facie right to interim relief.
Legal impact: Develops the principle from Edgars Consolidated Stores v FCRWU by applying it squarely to settlement agreements conferring organisational rights. The judgment draws a clear line: organisational rights acquired via arbitration award are withdrawable only through the s 21(11) CCMA process, while those acquired via settlement agreement are terminable as collective agreements under s 23(4) on reasonable notice. This distinction directly affects employer strategy for exiting organisational-rights arrangements with unions, and underscores the importance for unions of having settlement agreements made arbitration awards under s 142A if they want the protection of s 21(11).
Who is affected
Employers with union organisational-rights settlement agreementsTrade unions holding organisational rights obtained through settlement rather than arbitrationLabour law practitioners advising on collective bargaining and organisational rightsHR and employee-relations teams in unionised workplaces across all sectors
What this means for practitioners
Employers holding settlement agreements that confer organisational rights should review whether those agreements were made arbitration awards under s 142A; if not, termination on reasonable notice under s 23(4) is available without CCMA referral.
Unions should consider whether existing settlement agreements conferring organisational rights should be converted to arbitration awards under s 142A to secure the s 21(11) protection against unilateral withdrawal.
Labour practitioners should update advice on the termination of organisational rights to reflect the settlement-vs-arbitration distinction confirmed in this judgment.