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The Durban Edge

Monthly Budget Statement ETHEKWINI ECONOMY ‘AT A GLANCE’ July 2026 – CATALYTIC PROJECTS DIRECTORATE (CPD) UPDATE

 Project Description Status/Progress as of July 2026
Oceans uMhlanga Oceans uMhlanga is a R4bn mixed-use development situated strategically within the core tourism node of uMhlanga Rocks village. The mixed-use development consists of the Raddison Blu Hotel, a retail mall and 600 apartments. The focus for this year continues to be on the South Residential Tower for the developer, and in finding an alternative public transport solution that will resolve public transport issues in the node.

Progress:

·South Tower:   On 18 May 2026, the Developer resubmitted the Deviation Plan addressing comments from Line Departments. The plan is being assessed by relevant Line Departments.   Construction continues.

· Permanent Taxi Holding Facility: Following the adoption of the Council Report on 30 April 2026 which mandated the CM to conclude the MoA with the Taxi Industry, ETA has drafted the MoA which is currently being reviewed by Legal. Engagement on the MoA with TI to follow post legal vetting.

·Temporary Taxi Holding Facility:  Two sites in Cornubia have been identified for this purpose and need to be readied for use. This  is required to enable the approval of the wayleave application for the South Tower construction activities

·       SPLUMA submission for Bulk Allocations: The SPLUMA is currently under circulation with two comments still outstanding comments from Electricity and Water.

Sibaya Coastal Precinct Sibaya Coastal Precinct is situated in the North of Durban within the city’s Aerotropolis region. The 7 nodes of mixed-use developments with a range of land uses will house offices, retail, restaurants, educational institutions, recreational opportunities and more, to complement a residential offering, with an estimated investment value of R48 billion and will continue to 2036. Node 1 (Portion 1 of Erf 5 — Porsche Site): A Section 47 certificate has been received, marking a significant planning milestone for this node and positioning the site for the next phase of development.

Node 5 — Retail Centre: Construction is progressing on Heleza Boulevard and the new retail centre at 1 Heritage Drive, with the developer targeting tenant occupation in August 2026 ahead of a planned retail launch in September 2026. The developer has made payment in respect of the electricity invoice, and the electricity connection is anticipated to be finalised in August 2026.

Node 6 Phase 2 (previously Node 7): Planning is advancing, with the developer (DevMco) having prepared a draft sewer report and layout for formal submission. A stakeholder meeting is being coordinated to present the proposed sewer design and collectively determine the most effective servicing strategy to ensure the development progresses without delays.

M27 Upgrade: Last PSC meeting was held on 14 July 2026. Construction is progressing across all work fronts on both the DoT and SANRAL sections. The project is approximately 14 days behind schedule, with the contractor having submitted a recovery programme. Practical completion of the DoT section is targeted for 13 November 2026, with full project completion on 26 November 2026. The project remains on track for completion by December 2026. Local employment stands at 79 workers, well above the 30% target.

 

Avoca Node (Northfields, Brickworks and Upgrading of ONCR) The R10 billion Avoca Nodal Development consists of 3 precincts located along the N2 corridor comprising The Brickworks, Northfields industrial developments and Caneridge residential development.

The City received funding from the Budget Facility for Infrastructure (BFI) for the upgrading of Old North Coast Road which is the road that will support the traffic that will be generated by the Avoca Node developments.

The municipality has advanced well with the upgrading of Old North Coast Road (ONCR) and is anticipated to be completed by February 2027 (excluding the KZN Department of Transport (DoT) portion) due to delays with approval of additional funding required to complete the works.

The budget allocation for ONCR Phase 1 after reprioritisation in May 2026 was R35.53 million for 2025/26FY. However, due to challenges and delays arising from unforeseen circumstances (ground conditions, rainfall events, embankment failure and relocation of critical services) an additional budget of R29 million is required for the completion of the works in 26/27FY. A major amendment to contract is required due to additional contract authority amount and additional time to complete the works. A reprioritisation report was tabled at EXCO & Council on 26th & 29th May 2026 respectively and the additional R3.3 mill was approved for 2025/26FY and R27 million approved to be allocated for 2026/27 FY. Reprioritisation report indicating source of additional funding from other projects within the directorate is scheduled to be tabled at Council meeting of 30 July 2026.

The budget allocation for ONCR Phase 2 (KZN DoT portion) was R28 million for 2025/26 FY. Due to SCM delays, the budget was re-allocated (mid-term adjustment) to other projects that required additional funding.  Spending for ONCR Phase 1 for 2025/26FY remained at R 25,703,956.00 representing 72% spend as at the end of June 2026.

The city is still waiting for funding commitment from KZN DoT for the value of R114 million. Anticipated award of contract is January 2027, with commencement of works on site anticipated in February 2027.

Brickworks Phase 2 development SPLUMA application was advertised for public comments on 15/09/2025. No objection received. Council approval was through the City Manager’s approval via Regulation 28 (b) of Rule of Order By-Law, 2014. This approval was subsequently rectified by Council on the 29th of January 2026. Decision Notice was issued on the 23rd of February 2026.

 

 

 Shongweni

The 2000-hectare precinct, located along the SIP 2 Corridor is an integrated mixed-use development for a new economic hub inclusive of retail, mixed- typology residential, lifestyle and tourism-based development, new lifestyle estates, high-quality office and business parks and logistics.

First phase, known as the Urban Core, has at its centre a regional mall with associated mixed uses (Phase 1A), and is the subject of an MOA which was signed between City and private sector Developer in June 2022.

The Catalytic Projects Unit has enabled the development of Westown Square through co-funding the bulk infrastructure required to support the development. This has unlocked the remainder of the Ntshongweni Urban Development which will be catalysed by Westown Square, which was launched on the 27th of March 2025.

The construction of the bulk infrastructure for Phase 1A is nearing completion.

The construction of phase 2 of Kassier Road is required to unlock the remainder of Westown. The Cost Benefit Analysis (CBA) study to test the economic viability of the Kassier Road project is close to completion. The target is to submit a funding application to BFI in the  26/27 financial year.

With the conclusion and launch of Westown Square, plans are  underway to formalise the partnership between the Municipality and the Developer to continue with the implementation of the next the Phases of the Development. The city is therefore in the process of appointing engineering consultants to assess the costs of Phase 1 and Phase 2 of Kassier Road in order to determine the amount that the City can contribute towards the upgrades.

The construction of the West Private Hospital is expected to commence in September 2026. The Balwin Residential Apartments are currently under construction and building Plans have been submitted for Parc ferme.

Cato Ridge Freight and Logistics Hub Cato Ridge Logistics Hub or Dry Port is a logistics, warehousing and light industrial precinct envisaged by eThekwini’s Local Area Plan. This will be the catalyst for the Cato Ridge Nodal Development, help with decongestion of CBD and Port by improving logistics efficiencies on N3 / SIP2 Corridor to include a Road/Rail Intermodal Container Terminal, a Mega Truck Stop and Staging Facility, a Logistics and Industrial Park, and a Tank Farm. KwaXimba Interchange and R103 upgrades are required, enabling works required to unlock the first phase of the development and as well as to facilitate future developments within the broader corridor. These include strategic projects such as Insimbi Ridge and Cato Ridge Dry Port.

Specialised studies are currently being undertaken by the respective developers to inform the implementation roll out plans.

The City, KZN DoT and SANRAL are in the process of finalising an MOA, which is a requirement to form part of the ISA funding application.

 Cornubia The Cornubia Integrated Human Settlement development is a 1300ha mixed-use mixed-income development, incorporating industrial, commercial, residential, and open space uses. It is a joint venture between national, provincial department of Human Settlements, eThekwini Municipality and Tongaat Hulett as a presidential project. . CPD are exploring a way forward to complete a CBA using the CRI appointment currently in place. This will enable us to apply to the BFI for funding for the remaining infrastructure required to unlock the precinct.

Cornubia Blackburn to P1 Bulk Water Pipeline: The contractor is proceeding with work on site as according to programme. The contractor was paid on PC4 and has submitted the fifth payment certificate.

Preparation of the new tender for the Cornubia Boulevard Phase 1 is in progress. This will then be followed by the submission to Bid committees and appointment of the contractor.

Dube Trade Port Dube TradePort (DTP) is a 3,950 ha SEZ development located 30kms from Durban CBD, combining an international airport, dedicated cargo terminal, warehousing, offices, retail, hotels, and agriculture. The trade port will eventually provide 150,000 permanent jobs with a total rates contribution of R180 million annually. The overall investment value is R13 billion. Planning application progress of Trade Zone 3 and Support Zone 2 remained a key focus area during July 2026.

Trade Zone 3’s SPLUMA application continues through circulation. ETA PTP issued comments on 10 July 2026, Zutari responded 13 July, and ETA’s confirmation is still outstanding, now escalated internally. An amended TradeZone 3 Wastewater Services report, with a flow breakdown per cluster, was submitted to EWS to address outstanding comments. A meeting was held with KZN DoT on 27 July 2026, SANRAL comments remain outstanding.  The water reservoir design report was submitted to EWS on 16 July for in-principle Bulk Water approval.

Support Zone 2 received in-principle PTP support on 29 July 2026, following the Addendum submitted 3 July. Outstanding items now sit with ETA Traffic Engineering and KZNDOT.

Public transport planning within Dube City continued, focused on interim arrangements and longer-term solutions ahead of the iZiko building’s occupation and associated staff growth.

Several building plan applications remain under circulation, including the DTPC Spec Building (Trade Zone 2), the AgriZone Satellite Building, and infrastructure plans for Agrizone 2

The DURAMP MOU was concluded 20 July 2026, with all parties, including the Dube TradePort CEO, having signed.

iZinga Development -Herrwood Drive Stormwater Upgrade iZinga Balwin Development is situated in Umhlanga. The site covers a gross area of approximately 107 Ha.

The R6.14 bn development is predominately residential but will also include a school with a sports centre which includes padel courts, soccer fields, gyms, swimming pool, restaurant as well as a retail centre including a restaurant, fuel station and convenience store.

The Combined Section 91A Exemption and Rezoning Application for Erf 2256, Umhlanga Rocks Extension 21 was submitted to LUMS in July 2026. The application seeks a Section 91A exemption together with the rezoning of the property from Special Residential 1250 to Administration to facilitate the development of municipal stormwater attenuation infrastructure. The application has been earmarked for consideration by the Joint Advisory Committee (JAC) on 11 August 2026.

Following Council approval on 4 June 2026, Erf 2256 was expropriated, with the Notice of Expropriation issued on 11 June 2026. Ownership and possession of the property vested in the eThekwini Municipality on 15 June 2026, enabling the Municipality to proceed as both the landowner and applicant.

The construction tender (Contract No. 1N-35389) for the stormwater attenuation infrastructure was advertised on 22 May 2026, a compulsory clarification meeting was held on 2 June 2026, and tenders closed on 12 June 2026. The tender is currently under evaluation, and subject to a budget reprioritisation.

The developer continues the finalisation of his iZinga Eco Estate Phase 1 development, with the Phase 2 underway with planning approval status.

Keystone The 152-hectare, R6.5-billion Keystone Park Light Industrial Warehousing and Logistics Precinct currently being developed by Keystone Park CC, located immediately adjacent to the N3 Hammarsdale interchange. Project has been successfully registered with Infrastructure South Africa (ISA) project pipeline to access funding from the national fiscus. The City is working with ISA to secure funding for upgrading and widening of the MR385.
Redevelopment of the Virginia Airport Site After the non-award for the EOI, Virginia Airport Redevelopment was approved for RPF advertising by the City’s Investment Committee.

Property Valuations and Management (RE) to finalize the request for approval from the Council to release the asset as per Section 14.2 of the Municipal Finance and Management Act (MFMA) for disposal.

A request to permanently accommodate Search and Rescue operations on the Virginia site was received from Metro Search and Rescue (S&R) office.

The item was tabled at Capital Investment Committee (CIC) on the 09th of March 2026. The team presented at CIC the cons of accommodating this request. CIC approved the CPD position for the request to not be accommodated at this stage but rather Metro S&R to submit a business case for the request made together with full budget allocation and Quality Assurance Certificate.

Metro S&R are in the process of finalising their Business Case, which will contribute to the finalising of the 14.2 report. Parallel to this, the Request For Proposals (RFP) in being prepared.

Centrum Site The R9.4 billion Durban Centrum; Gugu Dlamini Sub-Precinct is a mixed-use precinct, a basement parking garage with public service buildings, integrated with high-density residential, hotel, retail, and commercial development. The 9,7ha site comprises the largest single area of the central city and offers potential for comprehensive redevelopment. the site will complement the adjoining central business district while trying to preserve the city’s heritage in terms of its historic buildings. Project to provide 3,350 construction and 1,350 permanent jobs with annual rates of R67m. After the non-award for the EOI, the item was tabled at Capital Investment Committee (CIC) on the 09th of March 2026. CIC approved the team to proceed with the reviewed Development Framework by proceeding with the RFP process for the redevelopment of the Centrum Site, subject to Council approval in terms of MFMA Section 14(2).

Subject to the approval of the recommendation, that the team will manage and engage with the respective line departments on the Removal of Soldier’s Way taxi rank and road from the Centrum Hand Plan and use of sites for private development, along Bram Fisher. The Property and Valuations team have amended the Hand plan, and the Valuation is being finalised. A baseline business case including funding implications for the interested Line Departments will be updatd circulated to affected departments.  The team has also engaged Human Settlements on the residential approach for Centrum. These engagements are ongoing.

Point Waterfront As part of the City’s initiative to redevelop and regenerate the Inner-city, the first phase commenced in 2017 with the construction of Point promenade, completed in November 2019. The next phase which started in Feb 2020 was the Point watermains which entails increasing water supply capacity to point waterfront in anticipation to growth in the area. It also includes a Public Realm upgrade. The rest of development involves private sector via foreign direct investment over a 10-15-year horizon at between R30-R35 billion investment value.

When the Point precinct is completed, the development will create 6,750 permanent jobs and provide 11,000 construction jobs with annual rates of R200 million.

The dissolution of the PPT and the DIDT was noted by Council on 4 September 2025 and Legal is assisting with the dissolution. Awaiting all signatories from the approved trustees to sign the appointment forms for submission to Master of the High Court.

Council approved replacement trustee report on 4 June 2026.l

The transfer of the Promenade from DPDC to the City was concluded on 10 April 2026. Property Valuations and Management Directorate is drafting a compensation agreement to resolve any contractual matters, including the historic electricity bill.

The revised Rates Deferment Report is currently being reviewed by Legal Services for resubmission through the committee process. The report was withdrawn from the Executive Committee (EXCO) on 26 March 2026 to allow the eThekwini Municipality Property Rates Policy to be amended to incorporate clear rates deferment criteria. Council approved the revised Rates Policy on 4 June 2026, and these amendments have now been incorporated into the revised Rates Deferment Report.

Durban Bay Waterfront The Waterfront forms part of the City’s initiative to redevelop and regenerate the inner-city as per the Inner-City Local Area Plan and Regeneration Strategy. The development of this waterfront could result in the promotion of a world-class tourism, water sport and recreation venue, establishment of a productive, diverse and appropriate Waterfront Development with maximum public access and involvement and the introduction of viable commercial development opportunities and an Improvement of positive linkages and interactions between the Yacht Basin and the Inner City. A meeting was convened on 25 February 2026 between the Office of the City Manager and the Office of the Port Manager of Transnet National Ports Authority to discuss the current status of the project. The primary outcome of the engagement was to revisit the delivery approach and overall programme with a view to accelerating implementation and shortening the project timeline.

The Catalytic Projects Unit intends to procure professional services to undertake the pre-feasibility and feasibility studies during the 2026/27 financial year.

 

Durban Film City The R7.5 billion Durban Film Studio development is a private sector led project and envisaged to be a world-class film studio complemented by tourism and leisure elements. The Studio will be constructed on the present Natal Command site. The land transfer from the municipality to the Developer was completed on 15 December 2022. The Natal Command site is now under the ownership of Rinaldo Investments.

Site Framework Plan (SFP):   The Site Framework Plan was approved, and a Decision Notice was subsequently issued on 19 January 2026. The approval permits a total gross bulk of 169,000 m².An appeal to the decision notice was submitted by Property Valuation & Management unit in February 2026.  The Town Planning Appeals Committee, which convened on 8 July 2026, dismissed the appeal. The Town Planning Appeals Committee requested that Developer to submit the Master Plan to the Municipality for approval within 24 months from the date of the appeal.

Some of the challenges for the development are the following:

Rates Objection: The developer is currently pursuing a rates objection process with City. Revenue and Property Valuations and Management (RE) departments submitted a formal response letter to the Developer on 7 August 2022 and requested for clarification on the development bulk of 665,000m² which influence the rates value for the sites.

RE issued an objection outcome to the Developer on 24 November 2025 and dismissing the objection to the Market Value. On 30 January 2026, a meeting was held with the Office of the Presidency (Presidential Working Group) to discuss the matter. There was no resolution; however, the meeting was adjourned and rescheduled for the next sitting, with dates yet to be confirmed. . The matter is currently awaiting determination by the Valuation Appeals Board, and the hearing date has not yet been confirmed.

Notice of Breach: The Developer has also failed to comply with the provisions of Clause 20.2 of the Sale Agreement, which required development of core activities to have commenced within twelve (12) months of the transfer (December 2022). City Property Valuations and Management (RE) Directorate has sent a letter of notice of breach of contract to the developer. The letter of demand was served on the 3rd of September 2025. The developer had 60 days to adhere to the demands.

Durban Country Club (DCC) Development City received proposal from Durban Tower Development Company in 2016 to build a R6 billion, 88-storey skyscraper near the Moses Mabhida Stadium, which would become the highest building in the southern hemisphere – to be built over 5 years and become operational by 2029 should construction commence in 2024/25, following approval of the project. A formal letter was received from DCC in March 2022, giving consent to the Municipality to excise a portion of the leased property.

Property Valuations and Management (RE) advertised a ‘Request for Proposal” for the development of a portion of DCC land for leasing. The tender closed on 13 December 2024, and no proposals were received. RE has prepared a non-award report for approval by    BAC. It is anticipated that BAC approval will be obtained in Q4 of 2025/26 financial year.

A formal letter has been received by RE from the Board of DCC requesting that the City withdraw its proposal for the expropriation of land earmarked for development. The City is currently engaging with the Board of DCC to explore a constructive way forward regarding both the existing lease arrangements and the proposed expropriation.

KZN Auto Supplier Park The R6.5 billion Auto Supply Park (ASP) development is a strategic priority for both national and provincial governments to attract FDI and facilitate the competitiveness of Toyota. The development will accommodate at least 100 hectares of developable industrial land. The approval of the South Illovo Local Area Plan will include the development of 3,792 residential homes, 1,316,207m2 of industrial space and 51,810m2 of commercial space. Due to delays in getting the Illovo site ready for operation in 2024, Dube TradePort Corporation (DTPC) has identified the old Durban International Airport site to be used in the interim as the Auto Supplier Park (ASP). Currently the site is owned by Transnet, and they have agreed to the proposal by Dube Trade Port Corporation to use the site to meet the tight timelines. Specialist studies were undertaken which reduced the original site extents thereby making the proposal unviable.  A Masterplan would be required for the Old Airport Site to determine the way forward.

 

In respect to the illovo ASP development, DTP requested for an extension of time to complete specialist studies. Extension granted by DFFE. EIA specialist studies are ongoing. One seasonal sampling has been complete and currently undertaking winter studies, with formal public participation in FY 27/28. Once studies are complete, the project will proceed to integration and analysis phase and impact of wetland study thereafter EA process will commence. ASP has been elevated to the PEWG 8 Focused Intervention Team (FIT) – Manufacturing and Industrial Zones for escalation.

Beachwood Lifestyle Estate The Beachwood property size is approximately 430 333m² and this includes almost 120 000m² of coastal dunes and mangrove forests, in proximity to the Kingsmead Sporting Precinct, Umhlanga Rocks, the Durban Central Business District, the Harbour, and the N2 Freeway. The Developers’ vision is to provide the first 7-star feet in the sand dining contemporary urban resort in South Africa, nestled into a luxury housing estate with indigenous tree-lining boulevards. The construction for the Beachwood Development commenced in March 2025 for the northern precinct.

Building Plans Approval: The building plans for The Gate House have been approved. The building plans for Duplexes C, D, and E have been referred pending submission of the Subdivision Title Deed by the developer. Block B Drive-up apartments currently pending line departments clearance. The developer has submitted an application for the amendment of the Decision Notice to facilitate the phasing of the development and amendment of the layout. The phasing of the layout will allow for the developer to comply with the conditions of establishment for the Phase 1, and ultimately have the building plans approved.

 

Legal: Notice was filed in court during May 2024 by Friends of Beachwood to set aside SPLUMA and Environmental Impact Assessment (EIA) approvals for the development. The city submitted the answering affidavit to the notice.

The city thereafter received the applicant’s condonation application on 9 September 2025. Pleadings have closed, and the matter will be referred to the opposed roll for argument once the Applicant has complied with the practice directive by filing Heads of Arguments.

The matter has been fully argued and finalised on 26 March 2026. Judgment has been reserved, and the parties will be notified by the Judge once a date for delivery of the judgment has been determined.

GIBA Business Estate Giba Business Park development is situated south of the Marianhill Toll Plaza, freight, and logistics corridor from Durban –Free State- Gauteng Known as SIP2. The Project is aligned with the National Development Plan (NDP) which encourages developments along the N3 corridor that promotes freight and logistics to take advantage of the Harbor and the existing road network. Development size: 200 000 Sqm of light Industrial

•The main land use on the Giba Business Estate is warehouses which will be used for logistics purposes.

•Phase 1: Construction of about 22 platforms and engineering services

•Phase 2: Top structures

 

The construction of Ingweni road is near completion. Target for the 2024/25 financial year was to achieve 80% complete for the construction of Ingweni Road

The total project cost as per the MOA is R 63,5 million. The total spent to date is R54,5 million, which translates to 94% work done in road construction and 45% of the water supply.

The allocated budget for the 2025/26 FY is R17.6 million, of which 100% has been spen as of June 2026

Project has reach practical completion for Ingweni Road and streetlighting. With regards to water supply pipeline there has been changes in scope, which necessitated a minor amendment with an additional amount of R 9 348 527.97 which translates to 17,9% totalling to R 72 697 069.78

Whetstone Business Park Light industrial, logistics, and general business development over 4 phases, spanning an 81-hectare site strategically located adjacent to the Dube Trade Port Agri-zone and only 2 km from King Shaka International Airport along the R102.  Construction of the Liebherr Distribution Centre under Phase 1 remains ongoing, with practical completion anticipated in January 2027 and client occupation expected during May 2027. The electricity connection process has progressed following finalisation of the electricity invoice during June 2026.

The Phase 2 SPLUMA rezoning application has progressed to the statutory public participation phase, with the application closing for public comment on 09 July 2026. A third SPLUMA-related process concerning the removal of restrictive title deed conditions also remains underway.

The Phase 3 Basic Assessment Report (BAR) has been received and is currently under circulation for comment by the relevant authorities.

The AH Grocers building plan has received internal municipal approval and is expected to unlock investment of more than R230 million within the precinct. The remaining matter relates to the ATNS aviation assessment process, which has been escalated to ATNS management.

Kings Estate Kings Estate straddles eThekwini and KwaDukuza Municipal boundaries and integrates industrial, commercial, residential, educational, and agricultural components. The project is structured for phased implementation over a 10-year horizon and is aligned to the broader Durban Aerotropolis Masterplan and provincial economic growth objectives.

 

Strategic coordination relating to the Development remained a key focus area during July 2026. The SPLUMA application for Phases 2D and 2E remains subject to one outstanding comment from the Department of Transport (DOT), which continues to prove difficult to engage. All other line department comments have been received.

In respect of the broader Kings Estate development area, the legal opinion on the validity of the historical planning approvals applicable to the remaining development portions has been received.

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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

 

 

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

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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.

 

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

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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

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Name, email, API key logs, IP address

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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))

 

 

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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:

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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.

 

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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.

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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.

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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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