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Built Environment

Building Plan Approvals for Q4 2025

Introduction An analysis of approved building plans between 2025Q3 and 2025Q4 indicates mixed regional performance across Durban. The South, Central, and North regions recorded increases in the value of approved

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Felix Mthimkhulu 19/02/2026
Economy

Economic Contraction in Durban: 2024 Q1

INTRODUCTION This data story explores the economic fluctuations experienced by Durban from late 2020 through the first quarter of 2024 (2024Q1). It delves into the city’s quarterly GDP growth rates,

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Felix Mthimkhulu 07/12/2024

Our Cookie Policy (In Short)

The EDGE Portal uses cookies to help provide a better user experience. In general, cookies are used to retain user preferences and provide anonymised tracking data to third party applications like Google Analytics.
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If you don’t want to accept any cookies from any site, the most effective way to do this is to disable cookies in your browser. If you need help with this check out the About Cookies website which offers guidance for all modern browsers.

Our Cookie Policy (Full Version)

Version: 1.0

Effective Date: June 2026

Administered by the eThekwini Municipality Information Officer

Contact: [email protected]

This Cookie Policy explains how eThekwini Municipality (the “Municipality”, “we”, “us”, or “our”) uses cookies and similar tracking technologies on the Durban EDGE Data Portal (the “Portal”), accessible at the official Portal URL and any associated sub-domains. This policy should be read together with our Privacy Policy and Terms of Use, which collectively govern your use of the Portal.

1.  Definitions

Cookie

A small text file placed on your device by a web server when you visit a website. Cookies are widely used to make websites work, to improve efficiency, and to provide information to website owners.

Session Cookie

A temporary cookie that is deleted when you close your browser. It enables the Portal to track your movements from page to page during a single browsing session.

Persistent Cookie

A cookie that remains on your device for a fixed period or until you manually delete it. It enables the Portal to recognise you when you return.

First-Party Cookie

A cookie set directly by the Portal domain that you are visiting.

Third-Party Cookie

A cookie set by a domain other than the Portal, typically by analytics or service-delivery partners.

Personal Information

Has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 (“POPIA”), and includes any information relating to an identifiable, living, natural person or existing juristic person.

POPIA

The Protection of Personal Information Act 4 of 2013, as amended.

2.  What Cookies We Use and Why

The Portal uses the following categories of cookies:

2.1  Strictly Necessary Cookies

These cookies are essential for the Portal to function correctly and cannot be switched off in our systems. They are set in response to actions you take, such as logging in, setting your privacy preferences, or navigating secure sections. Without these cookies, services you have requested cannot be provided. They do not store any personally identifiable information.

2.2  Performance and Analytics Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of the Portal. They help us understand which pages are the most and least popular and how visitors move around the site. All information collected is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you visited our Portal.

We use Google Analytics for this purpose. Google Analytics collects information about your use of the Portal anonymously and generates reports. Google may transfer information collected to third parties where required to do so by law, or where such third parties process information on Google’s behalf. For more information, please visit: https://policies.google.com/privacy.

2.3  Functional Cookies

These cookies enable the Portal to provide enhanced functionality and personalisation, such as remembering your language preference or display settings. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies, some or all of these services may not function properly.

2.4  Cookies We Do NOT Use

The Portal does not use:

  • Advertising or targeting cookies;
  • Profiling cookies for commercial marketing;
  • Cookies that facilitate the sale or sharing of your personal information with third parties for commercial gain; or
  • Cookies that track your activity across unrelated third-party websites.

3.  Specific Cookies in Use

Cookie Name

Provider

Category

Purpose

_ga

Google Analytics

Performance / Analytics

Distinguishes users to generate anonymised statistical reports on Portal usage. Expires after 2 years.

_gid

Google Analytics

Performance / Analytics

Stores and counts page views. Expires after 24 hours.

edge_session

eThekwini Municipality

Strictly Necessary

Maintains your authenticated session while you navigate the Portal. Deleted when you close your browser.

edge_prefs

eThekwini Municipality

Functional

Stores your cookie consent choice and display preferences. Persistent; expires after 12 months.

4.  Legal Basis for Processing

The processing of personal information collected via cookies is conducted pursuant to:

  • Section 11 of POPIA (legitimate interests of eThekwini Municipality in understanding Portal usage and improving service delivery, subject to the data subject’s rights);
  • Section 11(1)(a) of POPIA (your consent, where expressly provided via our cookie consent mechanism for non-essential cookies); and
  • Section 11(1)(c) of POPIA (compliance with a legal obligation, where applicable).

For cookies that collect or process personal information, we rely on your informed consent as the lawful basis. You may withdraw that consent at any time (see clause 5 below).

5.  Managing and Controlling Cookies

You have the right to decide whether to accept or reject non-essential cookies. You may exercise this right through:

5.1  Portal Cookie Banner

When you first visit the Portal, a cookie consent banner will appear allowing you to accept all cookies, reject non-essential cookies, or configure your preferences by category.

5.2  Browser Settings

You may configure your browser to refuse all or some cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Portal may become inaccessible or not function properly. For guidance on managing cookies in your browser, please visit www.aboutcookies.org.

5.3  Third-Party Opt-Out Tools

For Google Analytics specifically, you may install the Google Analytics Opt-out Browser Add-on available at: https://tools.google.com/dlpage/gaoptout.

6.  Data Retention

Session cookies are deleted automatically when you close your browser. Persistent cookies are retained for the period specified in clause 3 above. Where analytics data is collected, it is retained by Google Analytics in accordance with Google’s data retention policies. We periodically review and delete analytics data that is no longer necessary for the purposes for which it was collected.

7.  Cross-Border Transfers

Google Analytics involves the transfer of anonymised data to servers outside the Republic of South Africa. We take steps to ensure that such transfers occur in accordance with section 72 of POPIA and applicable international data protection standards, including ensuring that adequate safeguards are in place. By accepting analytics cookies, you acknowledge and consent to such cross-border processing.

8.  Updates to this Cookie Policy

We reserve the right to update this Cookie Policy from time to time to reflect changes in our practices, technology, legal requirements, and other operational factors. When we make material changes, we will update the version number and effective date at the top of this document and, where appropriate, notify you via a notice on the Portal. Your continued use of the Portal following any update constitutes your acceptance of the revised Cookie Policy.

9.  Contact Us

For any questions, concerns, or requests relating to this Cookie Policy or to our handling of personal information via cookies, please contact the eThekwini Municipality Information Officer:

  • Email: [email protected]
  • Postal Address: eThekwini Municipality, 166 KE Masinga Road, Durban, 4001

 

This Cookie Policy is issued for and on behalf of eThekwini Municipality and forms part of the Durban EDGE Data Portal’s bundle of governance documents. It is to be read in conjunction with the Terms of Use, Privacy Policy, and Data Access Agreement.

EDGE Portal: Privacy Policy

The Durban EDGE Portal’s mission is to share knowledge, and data, with economic stakeholders for informed decision-making and positive socio-economic change.

Version: 1.0
Effective Date: June 2026
Administered by the eThekwini Municipality Information Officer
Contact: [email protected]

This Privacy Policy describes how eThekwini Municipality (the “Municipality”, “we”, “us”, or “our”), in its capacity as Responsible Party under POPIA, collects, uses, stores, shares, and protects personal information through the Durban EDGE Data Portal (the “Portal”). This Privacy Policy should be read together with our Terms of Use, Cookie Policy, and Data Access Agreement.

POPIA STATUS: eThekwini Municipality has designated a duly qualified Information Officer and has implemented the measures required by POPIA to give effect to the conditions for lawful processing set out in Chapter 3 of POPIA. Data subjects may exercise their rights as set out in section 5 of this Privacy Policy. For all privacy-related enquiries, contact: [email protected].

 

1.  Responsible Party Details

Responsible Party

eThekwini Metropolitan Municipality

Registration / Establishment

Established under Local Government: Municipal Structures Act 117 of 1998

Principal Office

166 KE Masinga Road, Durban, 4001, KwaZulu-Natal, South Africa

Information Officer

Designated Information Officer, eThekwini Municipality

Contact Email

[email protected]

Contact Telephone

+27 31 311 1111

Regulator

Information Regulator of South Africa — [email protected] — www.inforegulator.org.za

 

 

2.  Scope of this Privacy Policy

This Privacy Policy applies to all personal information collected by eThekwini Municipality through:

  • Your registration and use of the Portal;
  • Your subscription to Portal newsletters or notifications;
  • Your use of the Portal’s APIs;
  • Your contribution of Data to the Portal;
  • Your participation in Portal forums or comment sections;
  • Your submission of feedback, queries, or requests via the Portal or by email; and
  • Automated technical data collected when you visit the Portal (including via cookies and server logs).

This Privacy Policy does not govern the processing of personal information by third parties whose data or services may be linked to or accessible from the Portal. We encourage you to review the privacy policies of any third-party services you access.

 

3.  Personal Information We Collect

3.1  Information You Provide Voluntarily

When you register on the Portal, subscribe to our services, or otherwise interact with us, we may collect the following categories of personal information:

  • Identity information: full name, organisation name;
  • Contact information: email address, telephone number, postal address;
  • Account credentials: username and securely hashed password;
  • Professional information: job title, sector, organisation type (where voluntarily provided);
  • Communications: the content of feedback, queries, forum posts, and data contribution submissions you send to us.

3.2  Information Collected Automatically

When you access the Portal, our systems and third-party analytics tools automatically record certain technical information, including:

  • IP address and general geographic location (country or city level);
  • Browser type, version, and operating system;
  • Pages visited, time and date of access, time spent on each page;
  • Referral URL (the page from which you navigated to our Portal);
  • API call logs, including endpoint accessed, timestamp, and response code; and
  • Cookie identifiers (as described in our Cookie Policy).

3.3  Special Personal Information

eThekwini Municipality does not intentionally collect special personal information (as defined in section 26 of POPIA) through the Portal. If any Data contributed by third parties is found to contain special personal information, it will be handled with heightened security measures and may be removed from the Portal. If you inadvertently provide special personal information to us, please contact us immediately at [email protected].

3.4  Children’s Personal Information

The Portal is not directed at children under the age of 18. eThekwini Municipality does not knowingly or intentionally collect personal information from children. If you believe that we have inadvertently collected personal information from a child, please contact us immediately at [email protected] and we will take prompt steps to delete such information.

 

4.  Lawful Basis and Purposes for Processing

In accordance with section 11 of POPIA, we process personal information only where at least one of the following lawful bases applies:

Purpose of Processing

Personal Information Involved

Lawful Basis (POPIA s.11)

User Registration & Account Management

Name, email, username, password hash

Performance of contract / Consent (s.11(1)(a),(b))

Portal Analytics & Service Improvement

IP address, session data, page visits (anonymised aggregates)

Legitimate interests of the Municipality in improving public service delivery (s.11(1)(f))

Communications & Newsletter

Name, email address

Consent (s.11(1)(a)) — you may withdraw at any time

API Access Management

Name, email, API key logs, IP address

Performance of contract; legitimate interests in system security (s.11(1)(b),(f))

Legal Compliance & Security

Any personal information as required

Legal obligation; protection of legitimate interests of the Municipality or a third party (s.11(1)(c),(e))

 

 

5.  Your Rights as a Data Subject

In accordance with section 5 and Chapter 3 of POPIA, and any other applicable legislation, you have the following rights in respect of your personal information processed by eThekwini Municipality:

5.1  Right to be Notified

You have the right to be notified, prior to or at the time of collection, of the specific purpose for which your personal information is collected, the fact that your information will or may be disclosed to third parties, your right to refuse consent, and your right of access to and correction of your personal information.

 

5.2  Right of Access

You have the right to request confirmation of whether or not we hold personal information about you, and to request access to that personal information, subject to the grounds for refusal set out in PAIA. Requests for access must be submitted to the Information Officer at [email protected]. We will process all access requests within the timeframes prescribed by PAIA.

5.3  Right to Correction and Deletion

You have the right to request that we correct or update inaccurate, incomplete, misleading, or outdated personal information held about you. You also have the right to request the deletion or destruction of personal information that we are no longer lawfully authorised to hold, subject to any statutory record-keeping obligations. Requests for correction or deletion must be submitted in writing to [email protected].

5.4  Right to Object

Where we process your personal information on the basis of legitimate interests, you have the right to object to such processing at any time on reasonable grounds relating to your particular situation. You also have an unconditional right to object, at any time, to the processing of your personal information for purposes of direct marketing.

5.5  Right to Withdraw Consent

Where we process your personal information on the basis of your consent, you may withdraw that consent at any time. Withdrawal of consent shall not affect the lawfulness of processing carried out prior to the withdrawal. Withdrawal may affect our ability to provide certain services to you.

5.6  Right to Complain to the Information Regulator

If you believe that your personal information has been processed in violation of POPIA, you have the right to lodge a complaint with the Information Regulator of South Africa:

  • Email: [email protected]
  • Website: www.inforegulator.org.za
  • Postal address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

 

 

6.  How We Share Your Personal Information

eThekwini Municipality does not sell, rent, or lease your personal information to third parties. We may share your personal information only in the following circumstances:

6.1  Service Providers (Operators)

We engage third-party service providers, including hosting providers and analytics platforms (such as Google Analytics), who process personal information on our behalf as Operators under POPIA. Such service providers are contractually bound to process personal information only on our instructions, to maintain appropriate security measures, and not to process personal information for their own purposes. We ensure that all Operators are assessed for POPIA compliance prior to engagement.

6.2  Legal Obligations

We may disclose personal information where we are required to do so by law, by court order, by lawful subpoena, or by any governmental or regulatory authority with competent jurisdiction, including the Information Regulator.

6.3  Protection of Rights

We may disclose personal information where we believe in good faith that disclosure is necessary to protect the rights, property, or safety of eThekwini Municipality, its employees, users of the Portal, or the public, in accordance with applicable law.

6.4  Aggregate and Anonymised Data

We may share aggregate, de-identified, and anonymised statistical information derived from Portal usage data with the public, partner organisations, or government institutions for the purposes of policy development, research, and service improvement. Such aggregated information cannot reasonably be used to identify any individual.

 

7.  Cross-Border Transfers of Personal Information

In accordance with section 72 of POPIA, we may transfer personal information to third parties or service providers located outside the Republic of South Africa only where:

  • the recipient country offers an adequate level of protection for personal information that is substantively equivalent to POPIA;
  • you have consented to the transfer;
  • the transfer is necessary for the performance of a contract between you and us;
  • the transfer is for your benefit and it is not reasonably practicable to obtain your consent, and had it been reasonably practicable, you would likely have consented; or
  • We have entered into a binding agreement with the third-party recipient requiring the application of POPIA-equivalent data protection standards.

Google Analytics, our primary analytics service provider, transfers anonymised data to servers in the United States. This transfer is conducted under Google’s standard data processing terms, which include appropriate safeguards for cross-border data flows. By using the Portal and accepting analytics cookies, you consent to this transfer.

 

8.  Security Safeguards

In accordance with section 19 of POPIA, eThekwini Municipality implements appropriate, reasonable technical and organisational security measures to protect personal information in its possession and under its control against risk of loss, damage, or destruction, unlawful access, interference, modification, disclosure, or use. These measures include:

  • Encrypted data transmission using Transport Layer Security (TLS) protocols;
  • Secure storage of passwords using strong, industry-standard hashing algorithms;
  • Access controls limiting internal access to personal information on a need-to-know basis;
  • Regular security assessments and penetration testing of Portal infrastructure;
  • Incident response and data breach notification procedures; and
  • Ongoing staff awareness training on data protection obligations.

While we take every reasonable precaution, no data transmission over the Internet or electronic storage system can be guaranteed to be 100% secure. You acknowledge that internet-based communications are inherently susceptible to interception. eThekwini Municipality will not be responsible for any loss or damage arising from the interception of information transmitted by you to us, except where such interception results directly from our failure to implement the reasonable security measures required by POPIA.

 

9.  Notification of Security Compromises

In accordance with section 22 of POPIA, where eThekwini Municipality reasonably believes that personal information has been accessed or acquired by an unauthorised person, eThekwini Municipality will notify:

  • the Information Regulator, as soon as reasonably possible after becoming aware of the compromise; and
  • affected data subjects, unless the Information Regulator directs otherwise or unless the identity of affected data subjects cannot reasonably be determined.

Notification will be made in the manner and within the timeframes prescribed by POPIA and any applicable regulations, codes, or directives issued by the Information Regulator.

 

10.  Retention and Destruction of Personal Information

In accordance with section 14 of POPIA and applicable record-keeping legislation, we retain personal information only for as long as is necessary to fulfil the purpose for which it was collected, or as required by law. Upon expiry of the applicable retention period, or upon request for deletion in terms of your rights under section 5.3 above, personal information will be securely deleted, destroyed, or de-identified using appropriate methods. The following indicative retention periods apply:

Category of Personal Information

Retention Period

Registered User Account Data

Duration of account, plus 3 years after account closure

Server Logs and IP Data

12 months from collection

Communication Records (Queries / Feedback)

5 years from creation (as per municipal records legislation)

Newsletter Subscription Data

Until you unsubscribe or withdraw consent

 

 

11.  The Eight Conditions for Lawful Processing

eThekwini Municipality gives effect to the following eight conditions for lawful processing as prescribed by Chapter 3 of POPIA:

  • Accountability (s.8): We have designated a duly qualified Information Officer and have implemented appropriate internal measures, including policies, procedures, and training, to ensure compliance with POPIA.
  • Processing Limitation (s.9-12): We collect and process only the personal information that is adequate, relevant, and not excessive given the specified purpose.
  • Purpose Specification (s.13-14): Personal information is collected for a specific, explicitly defined, and lawful purpose, and is not retained longer than necessary for that purpose.
  • Further Processing Limitation (s.15): We do not further process personal information in a manner incompatible with the purpose for which it was originally collected, without your consent or another lawful basis.
  • Information Quality (s.16): We take reasonable steps to ensure that personal information is complete, accurate, and not misleading, and is updated where necessary.
  • Openness (s.17-18): We maintain a PAIA Manual setting out our information holdings and the procedures for requesting access, available at [email protected] on request. This Privacy Policy constitutes our primary transparency notice.
  • Security Safeguards (s.19-22): We implement appropriate technical and organisational security measures to protect personal information against loss, damage, and unauthorised access or disclosure (see clause 8 above).
  • Data Subject Participation (s.23-25): We give effect to your rights of access, correction, deletion, and objection as set out in clause 5 above.

 

 

12.  Updates to this Privacy Policy

We reserve the right to update or amend this Privacy Policy at any time to reflect changes in our data processing activities, applicable legislation, regulatory guidance, or operational practices. The updated Privacy Policy will be published on the Portal with a revised version number and effective date. Where changes are material, we will endeavour to provide notice via the Portal and, where appropriate, by email to registered users. Your continued use of the Portal following the effective date of any amendment constitutes your acceptance of the revised Privacy Policy. We encourage you to review this Privacy Policy periodically.

 

13.  Contact Information and Complaints

For any queries, requests, or complaints relating to this Privacy Policy or our handling of your personal information, please contact:

  • Information Officer, eThekwini Municipality
  • Email: [email protected]
  • Postal Address: 166 KE Masinga Road, Durban, 4001

If you are not satisfied with our response, you have the right to lodge a complaint with the Information Regulator of South Africa (see clause 5.6 above).

 

This Privacy Policy is issued for and on behalf of eThekwini Municipality and forms part of the Durban EDGE Data Portal suite of governance documents, to be read in conjunction with the Terms of Use, Cookie Policy, and Data Access Agreement. It is effective from 1 June 2025 and supersedes all prior privacy notices relating to the Portal.

EDGE Portal: Terms of Use

The Durban EDGE Portal’s mission is to share knowledge, and data, with economic stakeholders for informed decision-making and positive socio-economic change.

Version: 2.0
Effective Date: June 2026
Administered by the eThekwini Municipality Information Officer
Contact: [email protected]

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DURBAN EDGE DATA PORTAL. BY ACCESSING OR USING THE PORTAL, OR BY DOWNLOADING, VIEWING OR OTHERWISE MAKING USE OF ANY DATA OR SERVICES AVAILABLE THEREON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PORTAL.

 

1.  Definitions and Interpretation

In these Terms of Use, unless the context indicates otherwise:

API

Application Programming Interface, being any programmatic interface provided by the Municipality to enable third parties to access and retrieve Data from the Portal.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and all other content and material published on or accessible through the Portal.

Data

All datasets, data files, reports, visualisations, maps, statistics, documents and other information published on or accessible through the Portal, whether published by the Municipality or contributed by third parties.

Data Subject

Has the meaning ascribed to it in POPIA.

eThekwini Municipality / Municipality

eThekwini Metropolitan Municipality, a metropolitan municipality established in terms of the Local Government: Municipal Structures Act 117 of 1998, with its principal offices at 166 KE Masinga Road, Durban, 4001.

Information Officer

The Information Officer of eThekwini Municipality as designated in terms of POPIA and the Promotion of Access to Information Act 2 of 2000 (PAIA).

Intellectual Property

All copyright, trademarks, service marks, trade names, logos, get-up, patents, registered designs, rights in databases, rights in know-how, and all other proprietary rights, whether registered or unregistered.

Personal Information

Has the meaning ascribed to it in POPIA.

POPIA

The Protection of Personal Information Act 4 of 2013, as amended from time to time.

Portal

The Durban EDGE Data Portal, accessible via the official web address and all associated sub-domains, mobile applications, and API endpoints operated by or on behalf of eThekwini Municipality.

Third-Party Content

Data and content owned, contributed, or licensed by persons or entities other than eThekwini Municipality and published on the Portal.

User / you / your

Any natural or juristic person who accesses, browses, downloads from, or otherwise uses the Portal or any of its services, regardless of whether such person has registered an account.

 

In these Terms of Use:

  • The singular includes the plural and vice versa;
  • A reference to any legislation includes any amendment to or re-enactment of that legislation;
  • Headings are for convenience only and shall not affect interpretation;
  • Where a period is calculated from a particular day, that day is excluded from the calculation.

 

 

2.  Mandate and Statutory Basis

2.1  Constitutional Mandate

These Terms of Use and the operation of the Portal are grounded in section 32 of the Constitution of the Republic of South Africa, 1996, which guarantees the right of access to information held by the State. Access-to-information initiatives such as the Durban EDGE Data Portal derive their overarching mandate from this constitutional right and from the national legislation enacted to give effect thereto.

2.2  Relevant Legislation and Policy Frameworks

The Portal is further governed by and aligned with the following legislative and policy frameworks:

  • The Promotion of Access to Information Act 2 of 2000 (PAIA);
  • The Protection of Personal Information Act 4 of 2013 (POPIA);
  • The Electronic Communications and Transactions Act 25 of 2002 (ECTA);
  • The Local Government: Municipal Systems Act 32 of 2000;
  • The Local Government: Municipal Structures Act 117 of 1998;
  • The National Development Plan and relevant municipal Integrated Development Plans;
  • The eThekwini Municipality Open Data Policy, adopted by Council on 3 March 2015; and
  • The eThekwini Municipality Council Resolution of 31 July 2019, formally adopting the Durban EDGE Portal and authorising an MoA with the South African Cities Network and Open Data Durban.

 

 

3.  Access to and Use of the Portal

3.1  Eligibility

Access to the Portal is available to any person, natural or juristic, with or without registration. Certain features, including API access and the ability to contribute data, may require registration and acceptance of additional terms.

3.2  Licence to Access

Subject to these Terms of Use and any applicable Data Access Agreement, the Municipality grants you a non-exclusive, non-transferable, limited, revocable licence to access and use the Portal solely for lawful purposes consistent with the Portal’s stated objectives.

3.3  Conditions of Use

As a condition of access, you agree that you shall not:

  1. use the Portal in any manner that violates any applicable law or regulation, including but not limited to POPIA, PAIA, ECTA, the Cybercrimes Act 19 of 2020, and the Films and Publications Act 65 of 1996;
  2. attempt to gain unauthorised access to any part of the Portal, to any system or network connected to the Portal, or to any server, computer or database connected to the Portal;
  3. transmit or upload any harmful, malicious, or unlawful code, virus, worm, Trojan horse, ransomware, spyware, adware, or any other harmful software or code;
  4. use the Portal to collect, harvest, scrape, or otherwise extract personal information of other users without authorisation;
  5. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  6. engage in any conduct that restricts or inhibits any other person from using or enjoying the Portal;
  7. use any automated system, including bots, scrapers, or spiders, to access the Portal in a manner that sends more requests to the Portal servers in a given period of time than a human can reasonably produce in the same period, except where expressly authorised by the Municipality;
  8. reproduce, duplicate, copy, sell, resell, or exploit any portion of the Portal or its Content in a manner inconsistent with these Terms of Use and any applicable licence terms; or
  9. use the Portal for any commercial solicitation, advertising, or marketing purpose not expressly authorised by the Municipality.




 

4.  Intellectual Property

4.1  Municipal IP

The Portal and all original Content developed by or on behalf of eThekwini Municipality, including but not limited to its design, layout, look, appearance, graphics, software, and the compilation of all Content, are the property of eThekwini Municipality and are protected by applicable intellectual property laws.

4.2  Trademarks and Logos

The trademarks, service marks, trade names, and logos of eThekwini Municipality displayed on the Portal are the exclusive property of eThekwini Municipality. Nothing on the Portal shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark without the prior written consent of eThekwini Municipality. Third-party trademarks and logos displayed on the Portal remain the property of their respective owners.

4.3  No Endorsement

Nothing in your use of the Portal or the Data shall be construed as implying any endorsement, sponsorship, or approval by eThekwini Municipality of your products, services, activities, analyses, interpretations, or conclusions derived from the Data. You shall not represent or imply any such endorsement.

4.4  Derivative Works

eThekwini Municipality will not make claims to any intellectual property arising from independent applications, analyses, visualisations, or value-added products developed by users from Data published on the Portal, unless such work was commissioned by or on behalf of eThekwini Municipality or one of its authorised partners, and unless such claim is made explicit in the terms of that commissioning arrangement.

 

5.  Data Published by eThekwini Municipality

5.1  Licence to Use Municipal Data

Subject to the conditions set out in clause 5.2, and subject to any separate Data Access Agreement or API licence, you are permitted to access, download, copy, publish, distribute, and transmit Data published by eThekwini Municipality for both commercial and non-commercial purposes, at no cost.

5.2  Conditions of Data Use

Your use of Municipal Data is subject to the following mandatory conditions:

  1. Attribution: You must clearly acknowledge and reference eThekwini Municipality as the source of the Data, together with the date of publication or the version of the dataset used. The format of attribution shall be: “Source: eThekwini Municipality, Durban EDGE Data Portal, [dataset name], [date].”
  2. Modification Disclosure: Where you have modified, cleaned, aggregated, transformed, or otherwise altered the Data, you must clearly state the nature of the modifications made and distinguish your modified version from the original dataset.
  3. Prohibition on Misleading Use: You must not use the Data in any manner that is misleading, deceptive, or that misrepresents the contents, findings, or significance of the Data.
  4. Protection of Personal Information: You must ensure that your use of the Data complies with POPIA and all other applicable data protection legislation, and does not unreasonably infringe upon the right to privacy of any individual to whom the Data relates.
  5. Lawful Use Only: You must not use the Portal or the Data to facilitate or commit any unlawful act, including any criminal offence under South African law or the law of any jurisdiction in which you operate.
  6. No Implied Endorsement: You must not represent or imply that eThekwini Municipality endorses, approves, or sponsors your analysis, interpretation, product, service, or organisation.
  7. Compliance with Third-Party Licences: Where Data is subject to a specific third-party licence or open data licence (such as a Creative Commons licence), you must comply with the terms of that licence in addition to these Terms of Use.
  8. Compliance with this Policy: You must adhere to all clauses of these Terms of Use and any applicable supplementary policies or agreements.

 

 

6.  Third-Party Data

The Portal contains data contributed by third parties, including other government entities, academic institutions, civil society organisations, and private sector contributors. eThekwini Municipality does not independently verify, endorse, or warrant the accuracy, completeness, currency, or reliability of Third-Party Content. Users who rely on Third-Party Content do so entirely at their own risk. eThekwini Municipality accepts no liability whatsoever arising from or connected to any Third-Party Content published on the Portal.

Third-Party Content may be subject to separate licensing terms imposed by the contributing party. It is the user’s responsibility to ascertain and comply with any such licensing conditions.

 

7.  Contributing Data to the Portal

7.1  Eligibility to Contribute

eThekwini Municipality welcomes contributions of relevant, accurate, and appropriate Data from qualified contributors. To contribute Data, you must:

  • be the owner of the Data, or hold the express authorisation of the owner to publish it;
  • where acting on behalf of an organisation, hold that organisation’s express permission to contribute Data on its behalf; and
  • register on the Portal and provide your real name or the real registered name of the relevant organisation.

7.2  Conditions of Contribution

By contributing Data to the Portal, you represent, warrant, and agree that:

  1. the Data is accurate and error-free to the best of your knowledge;
  2. the Data and all supporting materials are not deliberately misleading, defamatory, or intended to create a false impression;
  3. the Data does not violate any applicable law, regulation, or third-party right, including any intellectual property right or right to privacy;
  4. the Data does not contain any viruses, malware, harmful code, or other destructive content;
  5. the Data contributes meaningfully to the understanding, analysis, or use of South African public data;
  6. you have provided the most comprehensive metadata and contextual information possible to assist other users in correctly interpreting and utilising the Data;
  7. you are contributing the Data under one of the approved licences supported by the Portal, and you agree to be legally bound by the terms of that licence; and
  8. you agree not to hold eThekwini Municipality liable for the safekeeping, accuracy, curation, modification, publication, or use of the contributed Data by third parties.

7.3  Removal of Contributed Data

You may request the removal of Data you have contributed by submitting a written request to [email protected]. eThekwini Municipality does not guarantee publication of any contributed dataset and reserves the right to reject, modify, or remove any contribution at any time, without notice, if it violates applicable law or these Terms of Use.

 

8.  Discussion Forums and User-Generated Content

Where the Portal provides discussion forums, comment sections, or other mechanisms for user-generated content, you are solely and fully responsible for all content that you submit or post. By submitting such content, you represent and warrant that the content:

  1. does not contain viruses, malware, harmful code, or any other disruptive or destructive content;
  2. is not spam, machine-generated, or designed to manipulate search engine rankings or drive traffic to third-party sites;
  3. is not pornographic, violent, threatening, harassing, or defamatory, and does not violate the privacy or publicity rights of any third party;
  4. does not mislead readers as to the identity or affiliation of the author;
  5. does not contain derogatory, discriminatory, or hate speech directed at any person or group; and
  6. does not constitute unlawful speech under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, the Cybercrimes Act 19 of 2020, or any other applicable legislation.

eThekwini Municipality reserves the right, without prior notice and without incurring any liability, to remove any user-generated content that violates these Terms of Use or that it deems, in its sole discretion, to be inappropriate, unlawful, or harmful.

 

9.  Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • The Portal, its Content, Data, and APIs are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind.
  • eThekwini Municipality expressly disclaims all warranties, whether statutory, express, or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, compatibility, security, and reliability.
  • eThekwini Municipality does not warrant that the Portal will be available on an uninterrupted, timely, secure, or error-free basis; that defects will be corrected; or that the Portal or the servers that make it available are free of viruses or other harmful components.
  • eThekwini Municipality does not endorse, monitor, or take responsibility for any analyses, applications, products, or services derived from Data available on the Portal.
  • Where links to third-party websites or resources are provided on the Portal, eThekwini Municipality makes no representation or warranty concerning the accuracy, reliability, security, or any other aspect of those resources.

 

 

10.  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETHEKWINI MUNICIPALITY, ITS OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH:

  • Your use of, or inability to use, the Portal, its Content, Data, or APIs;
  • Any error, omission, inaccuracy, or deficiency in the Data or Content;
  • Any unauthorised access to or alteration of your data or transmissions;
  • Any third-party conduct or content on the Portal;
  • Any technical failure, interruption, or cessation of service; or
  • Any reliance placed by you on the Data or Content of the Portal.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD, WILFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE SOUTH AFRICAN LAW.

 

11.  Indemnification

You agree to indemnify, defend, and hold harmless eThekwini Municipality, its political office-bearers, officials, employees, agents, and service providers from and against any claim, demand, loss, damage, cost, liability, or expense (including reasonable legal costs) arising out of or in connection with:

  • your use of the Portal, the Data, or the APIs;
  • your breach of these Terms of Use or any applicable licence terms;
  • your violation of any applicable law or regulation;
  • any content you submit, post, or transmit via the Portal; or
  • any infringement by you of any third-party right, including any intellectual property right or right to privacy.

 

 

12.  Termination and Suspension

eThekwini Municipality reserves the right, in its sole and absolute discretion and without prior notice or liability, to:

  • suspend, restrict, or terminate your access to the Portal or any part thereof;
  • remove, modify, or disable any Content or Data on the Portal; or
  • discontinue the Portal or any service offered thereon, in whole or in part.

Such action may be taken where eThekwini Municipality reasonably believes that you have breached these Terms of Use, where required by law, or for operational, security, or any other legitimate reasons. Termination shall not affect any rights or obligations that have accrued prior to termination.

 

13.  Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa, including without limitation POPIA, PAIA, ECTA, and the Electronic Communications Act 36 of 2005. Except as otherwise provided herein, you consent to the exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Division, Durban, in respect of any dispute arising out of or in connection with these Terms of Use. If any provision of these Terms of Use is found by a competent court to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.

 

14.  Amendments

eThekwini Municipality reserves the right to amend these Terms of Use at any time. Amendments will take effect upon publication on the Portal. It is your responsibility to review these Terms of Use periodically. Where changes are material, eThekwini Municipality will endeavour to provide reasonable notice via a notice published on the Portal. Your continued use of the Portal after any amendment constitutes your acceptance of the amended Terms of Use.

 

15.  Contact Information

All queries, concerns, or feedback relating to these Terms of Use should be directed to:

  • Information Officer, eThekwini Municipality
  • Email: [email protected]
  • Postal Address: 166 KE Masinga Road, Durban, 4001
  • Telephone: +27 31 311 1111

 

These Terms of Use are issued for and on behalf of eThekwini Municipality and form part of the Durban EDGE Data Portal’s bundle of governance documents, to be read in conjunction with the Cookie Policy, Privacy Policy, and Data Access Agreement.

EDGE Portal: Data Access and Data Use Agreement

The Durban EDGE Portal’s mission is to share knowledge, and data, with economic stakeholders for informed decision-making and positive socio-economic change.

Version: 1.1
Effective Date: June 2026
Administered by the eThekwini Municipality Information Officer
Contact: [email protected]

IMPORTANT: THIS DATA ACCESS AND DATA USE AGREEMENT (“AGREEMENT”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU (THE “DATA USER”) AND ETHEKWINI MUNICIPALITY (THE “MUNICIPALITY”). BY ACCESSING, DOWNLOADING, OR USING ANY DATA FROM THE DURBAN EDGE DATA PORTAL — WHETHER VIA THE WEB INTERFACE OR THE API — YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE DATA.

 

1.  Parties

This Agreement is entered into between:

1.1  eThekwini Municipality

eThekwini Metropolitan Municipality, a metropolitan municipality established in terms of the Local Government: Municipal Structures Act 117 of 1998, with its principal offices at 166 KE Masinga Road, Durban, 4001, KwaZulu-Natal, Republic of South Africa (“the Municipality”); and

1.2  The Data User

Any natural or juristic person who accesses or makes use of Data available through the Durban EDGE Data Portal, whether via the Portal’s web interface, API, bulk download facility, or any other data access mechanism (“the Data User”, “you”, or “your”).



2.  Definitions

In this Agreement, the following definitions apply in addition to those set out in the Terms of Use:

API Key

A unique, confidential alphanumeric string issued to a registered Data User authorising programmatic access to the Portal’s API endpoints.

Authorised Purpose

Any lawful purpose consistent with clause 4 of this Agreement and the overarching objectives of the Portal, being the promotion of informed decision-making, public participation, civic accountability, research, policy development, and value creation for the public good.

Confidential Information

Any non-public information belonging to the Municipality that is designated as confidential or that ought reasonably to be understood as confidential, excluding information that is or becomes publicly available otherwise than through your breach of this Agreement.

Data

All datasets, records, reports, maps, visualisations, statistics, documents, and other information made available through the Portal, including Municipal Data and Third-Party Data.

Data Use Record

A record maintained by the Data User documenting the datasets accessed, the Authorised Purposes for which they were used, and any modifications made.

Derived Data

Any dataset, product, analysis, model, application, or work product that is derived from, is based upon, or incorporates any Data accessed through the Portal.

Intellectual Property Rights

All copyright, database rights, trademarks, patents, rights in designs, and all other intellectual property rights, whether registered or unregistered, and all applications for the same.

Municipal Data

Data owned by or prepared by eThekwini Municipality and published on the Portal.

Open Data Licence

A licence under which Data is made available, including Creative Commons licences, the Open Government Licence, or any other licence designated by the Municipality in respect of a specific dataset.

Personal Information

Has the meaning ascribed to it in POPIA.

POPIA

The Protection of Personal Information Act 4 of 2013, as amended.

Responsible Party

Has the meaning ascribed to it in POPIA, and in this context refers to eThekwini Municipality in respect of any Personal Information processed in connection with the Portal.

Third-Party Data

Data owned or contributed by parties other than the Municipality and published on the Portal, which may be subject to separate licensing conditions.

 

3.  Nature and Scope of Data Access

3.1  Data Available on the Portal

The Portal makes available a range of data sourced from eThekwini Municipality and contributing third parties, including but not limited to spatial data, demographic and socioeconomic data, municipal budget and expenditure data, infrastructure data, environmental data, and public service data.

3.2  Methods of Access

Data may be accessed via:

  • The Portal’s web-based download interface;
  • The Portal’s Application Programming Interface (API), subject to the API access conditions in clause 7 of this Agreement;
  • Bulk data download, where available; and
  • Any other access mechanism designated by the Municipality from time to time.

3.3  No Guarantee of Availability

The Municipality does not guarantee the continuous availability of the Portal or any specific dataset. The Municipality may update, modify, temporarily suspend, or permanently withdraw access to any dataset at any time and without prior notice. Data Users should not rely on the Portal as the sole or primary source of operational data for critical applications or decisions.

 

4.  Authorised Purposes

Data accessed through the Portal may be used only for Authorised Purposes, which include:

  • Academic research, statistical analysis, and the production of research outputs;
  • Journalism, public interest reporting, and civic accountability;
  • Development of civic technology applications, tools, and visualisations for public benefit;
  • Policy analysis and policy advocacy;
  • Commercial and non-commercial application development, provided such applications do not misrepresent the Data or exploit vulnerable communities;
  • Internal business analysis and decision-making, in accordance with applicable law; and
  • Educational and training purposes.

Data may not be used for any purpose that is unlawful, that contravenes applicable law, that violates the rights of any person, or that is inconsistent with the overarching public interest objectives of the Portal.

 

5.  Mandatory Conditions of Data Use

All Data Users, whether accessing Data via the web interface, the API, or any other mechanism, agree unconditionally to the following conditions:

5.1  Attribution

You must attribute all Data to eThekwini Municipality in any publication, product, application, or work that incorporates or is derived from the Data. The required attribution format is:

“Source: eThekwini Municipality, Durban EDGE Data Portal, [Dataset Name], [Date of Access or Publication Date]. Available at: [Portal URL].”

Attribution must be displayed prominently and in a manner that is clearly visible to the end user of your product or publication.

5.2  Accuracy and Non-Misrepresentation

You must not use the Data in any manner that is false, misleading, deceptive, or defamatory. You must not represent the Data in a way that overstates its accuracy, currency, or completeness. You must clearly disclose any limitations, caveats, or uncertainties that are material to the correct understanding of the Data.

5.3  Disclosure of Modifications

Where you have modified, transformed, cleaned, aggregated, supplemented, or otherwise processed the Data, you must clearly state the nature and extent of such modifications in any publication, application, or output based on the modified Data. Modified datasets must be clearly distinguished from the original dataset obtained from the Portal.

5.4  Prohibition on Harmful Use

You must not use the Data to:

  • facilitate or commit any unlawful act;
  • harass, intimidate, surveil, profile, or discriminate against any person or community;
  • enable or assist unauthorised profiling or re-identification of individuals from anonymised or de-identified datasets;
  • undermine public confidence in government institutions through disinformation or wilful misrepresentation; or
  • engage in any activity that eThekwini Municipality, in its sole discretion, considers contrary to the public interest.

5.5  Data Protection and Privacy Compliance

Where any Data contains or could reasonably relate to Personal Information, you:

  • must process such Personal Information in strict compliance with POPIA, including obtaining any required consents and implementing appropriate security safeguards;
  • are an independent Responsible Party in respect of any Personal Information you process from the Data, and eThekwini Municipality is not liable for your compliance failures;
  • must not attempt to re-identify individuals from any dataset that has been anonymised or de-identified;
  • must implement appropriate technical and organisational measures to prevent unauthorised access to any Personal Information extracted from the Portal;
  • must notify eThekwini Municipality promptly, and in any event within 48 hours, if you become aware of any actual or suspected breach of security involving Personal Information sourced from the Portal, at [email protected].

5.6  No Endorsement

You must not, in any form or medium, represent or imply that eThekwini Municipality endorses, sponsors, approves, or is affiliated with your organisation, product, service, analysis, publication, or findings. Any reference to eThekwini Municipality as a data source must be factual, accurate, and clearly framed as an attribution only.

5.7  No Commercial Exploitation of the Portal

You must not use the Data or the Portal to commercialise access to the Portal itself, to provide data brokerage services using Data obtained from the Portal, or to circumvent any applicable licensing arrangements. You may, however, develop commercial applications, products, and services that are built upon or incorporate the Data, subject to the conditions of this Agreement and any applicable Open Data Licence.

5.8  Compliance with Third-Party Licences

Where specific datasets on the Portal are published under a designated Open Data Licence (such as a Creative Commons licence), the terms of that licence govern your use of that dataset in addition to the terms of this Agreement. In the event of any conflict between this Agreement and an applicable Open Data Licence in relation to the licensed Data, the Open Data Licence shall prevail in respect of that Data.

5.9  Record-Keeping

The Municipality reserves the right to request, and you agree to maintain and provide upon request, a Data Use Record describing the datasets you have accessed, the purposes for which they have been used, and any Derived Data produced. Such a record may be requested by the Municipality for monitoring, compliance, or auditing purposes.

 

6.  Intellectual Property Rights

Subject to clause 5.8 and any applicable Open Data Licence:

  • All Intellectual Property Rights in the Municipal Data remain vested in eThekwini Municipality. This Agreement grants you a limited, non-exclusive, non-transferable, revocable licence to use the Data solely in accordance with the Authorised Purposes and the conditions of this Agreement.
  • All Intellectual Property Rights in Third-Party Data remain vested in the contributing third party. Your use of Third-Party Data is subject to the licence terms imposed by the contributing third party, as disclosed on the Portal.
  • Intellectual Property Rights in Derived Data, applications, analyses, and work products that you independently create using the Data vest in you, subject to the limitations set out in this Agreement and any applicable Open Data Licence. eThekwini Municipality makes no claim to any such Intellectual Property Rights unless the relevant work was commissioned by or on behalf of eThekwini Municipality.

 

7.  API Access Conditions

Access to the Portal’s API is subject to the following additional conditions:

7.1  Registration and API Key

To access the Portal’s API, you must register for an account on the Portal and be issued a unique API Key. Your API Key is personal and non-transferable. You are solely responsible for maintaining the confidentiality of your API Key and for all activities that occur under your API Key. You must immediately notify the Municipality at [email protected] if you become aware of any unauthorised use of your API Key or any other breach of security.

7.2  Acceptable Use of the API

You agree that you will not:

  • share, publish, sell, or transfer your API Key to any third party;
  • use the API to generate an excessive volume of requests that unreasonably burden the Portal’s infrastructure or degrade service for other users;
  • attempt to access any data or endpoint to which you have not been granted explicit authorisation;
  • use the API for any purpose not constituting an Authorised Purpose;
  • attempt to circumvent, disable, or interfere with any security, rate-limiting, or access-control feature of the API; or
  • use the API in any way that violates any applicable law.

7.3  Rate Limiting

The Municipality may impose rate limits on API calls at any time. Rate limits will be communicated through the Portal’s API documentation. Repeated or persistent violations of rate limits may result in the temporary or permanent suspension of your API Key without prior notice.

7.4  API Versioning and Changes

The Municipality may update, modify, deprecate, or discontinue any API endpoint or version at any time. The Municipality will endeavour to provide reasonable advance notice of significant API changes via the Portal’s developer documentation, but accepts no liability for any disruption caused by changes to the API.

7.5  API Security Obligations

You are responsible for ensuring that your application or system that integrates with the API is secure and does not expose the API Key or any Data obtained via the API to unauthorised access. You must implement appropriate security measures in any application you develop that uses the API, including measures to protect any Personal Information retrieved via the API.

 

8.  Disclaimers and Exclusion of Liability

8.1  Data Quality Disclaimer

The Data is provided on an “as is” and “as available” basis. eThekwini Municipality makes no representation or warranty, express or implied, as to the accuracy, completeness, currency, reliability, fitness for any particular purpose, or freedom from error of the Data. eThekwini Municipality expressly disclaims all liability for any reliance placed by you on the Data or any Derived Data.

8.2  Third-Party Data

eThekwini Municipality does not verify, endorse, or warrant the accuracy or reliability of Third-Party Data published on the Portal. Your use of Third-Party Data is entirely at your own risk.

8.3  Exclusion of Consequential Loss

To the maximum extent permitted by applicable South African law, eThekwini Municipality excludes all liability for any direct, indirect, incidental, consequential, special, exemplary, or punitive loss or damage arising from your use of or reliance on the Data or the Portal, including but not limited to loss of profit, loss of revenue, loss of data, loss of business opportunity, or loss of anticipated savings, whether arising in contract, delict, or otherwise.

 

8.4  No Liability for Downstream Use

eThekwini Municipality accepts no liability for any loss, damage, or harm arising from the downstream use or application of the Data or any Derived Data by you or any third party to whom you make the Data or Derived Data available.

 

9.  Indemnification

You agree to indemnify, defend, and hold harmless eThekwini Municipality and its political office-bearers, officials, employees, agents, and service providers against any claim, demand, action, loss, damage, liability, cost, or expense (including reasonable attorney’s fees) arising out of or in connection with:

  • your breach of any term of this Agreement;
  • your use of the Data or the API;
  • your violation of any applicable law, including POPIA;
  • any Derived Data that you produce, publish, or distribute;
  • any infringement by you of any Intellectual Property Right or privacy right of any third party; or
  • any claim by a third party arising from their use of a product or service that you developed using the Data.

 

10.  Suspension and Termination

10.1  Termination by the Municipality

The Municipality may, without prior notice, immediately suspend or terminate your access to the Portal, the API, and any Data, and revoke your API Key, in the event of:

  • any actual or suspected breach of this Agreement;
  • any actual or suspected breach of applicable law;
  • any use of the Data that the Municipality reasonably considers harmful, unlawful, or contrary to the public interest;
  • persistent or deliberate violation of API rate limits or access controls;
  • any actual or suspected compromise of your API Key;
  • a court or regulatory order requiring suspension or termination; or
  • operational, security, or other legitimate grounds determined by the Municipality.

10.2  Effect of Termination

Upon termination: your licence to use the Data is immediately revoked; you must cease all use of the Data and Derived Data obtained in breach of this Agreement; you must, upon request, destroy or return any Data held in breach of this Agreement; and the following clauses shall survive termination: 5.5, 6, 8, 9, 11, and 12.




11.  Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, including POPIA, PAIA, ECTA, and all other applicable national and provincial legislation. Any dispute arising out of or in connection with this Agreement, including any dispute as to its existence, validity, interpretation, or termination, shall be resolved, as a first step, through good-faith negotiation between the parties. Should the parties fail to resolve any dispute through negotiation within thirty (30) calendar days, either party may refer the dispute to mediation administered by a mutually agreed mediator. Should mediation fail, the dispute shall be submitted to the exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Division, Durban. Nothing in this clause prevents the Municipality from seeking urgent relief in any competent court.

 

12.  General Provisions

12.1  Entire Agreement

This Agreement, together with the Terms of Use, Privacy Policy, and Cookie Policy of the Portal, and any applicable Open Data Licence, constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior representations, understandings, agreements, and negotiations relating thereto.

12.2  Amendments

The Municipality reserves the right to amend this Agreement at any time. Amendments will take effect upon publication on the Portal. Your continued use of the Data or the API after the effective date of any amendment constitutes your acceptance of the amended Agreement.

12.3  Severability

If any provision of this Agreement is found by a competent court to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.

12.4  Waiver

No failure or delay by the Municipality in exercising any right under this Agreement shall constitute a waiver of that or any other right. A waiver must be in writing to be effective.

12.5  Relationship of Parties

Nothing in this Agreement shall create or imply any partnership, joint venture, agency, employment, or trust relationship between the parties. Each party acts as an independent party.

12.6  Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government action, cyberattacks by third parties, or infrastructure failures.

12.7  Assignment

You may not assign, transfer, novate, or sub-licence any of your rights or obligations under this Agreement without the prior written consent of the Municipality. The Municipality may assign its rights and obligations under this Agreement to any successor entity, transferee of its functions, or affiliated government entity without your consent.

12.8  Language

This Agreement is in the English language. In the event of any translation, the English version shall prevail.

 

13.  Contact Information and Notices

All notices, requests, or communications under this Agreement shall be directed to:

  • Information Officer, eThekwini Municipality
  • Email: [email protected]
  • Postal Address: 166 KE Masinga Road, Durban, 4001, KwaZulu-Natal, South Africa

Notices sent by email to [email protected] shall be deemed received on the next business day following transmission, provided no delivery failure notification is received.

 

Acceptance and Acknowledgement

 

BY ACCESSING, DOWNLOADING, OR MAKING USE OF ANY DATA ON OR VIA THE DURBAN EDGE DATA PORTAL — WHETHER THROUGH THE WEB INTERFACE, THE API, OR ANY OTHER MECHANISM — YOU IRREVOCABLY CONFIRM THAT YOU HAVE READ AND FULLY UNDERSTOOD THIS AGREEMENT, THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF OR ON BEHALF OF THE ORGANISATION YOU REPRESENT, AND THAT YOU AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH HEREIN.

 

This Data Access and Data Use Agreement is issued for and on behalf of eThekwini Municipality and forms part of the Durban EDGE Data Portal’s suite of governance documents. It must be read together with the Terms of Use, Privacy Policy, and Cookie Policy. Version 1.0 — Effective Date:  June 2026.

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