Senior Manager: Information and Research

Dr Sthembiso Felix Mthimkhulu is the Senior Manager: Information and Research in the Economic Development Directorate at eThekwini Municipality. He leads strategic economic research, data analytics, business intelligence, and evidence-based policy development to support economic planning, investment promotion, and informed decision-making. He holds a PhD in Economics, an MBA, and a Master of Commerce (Economics), with extensive experience in economic research, public policy, municipal governance, and strategic planning.

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:

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;
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;
transmit or upload any harmful, malicious, or unlawful code, virus, worm, Trojan horse, ransomware, spyware, adware, or any other harmful software or code;
use the Portal to collect, harvest, scrape, or otherwise extract personal information of other users without authorisation;
impersonate any person or entity, or misrepresent your affiliation with any person or entity;
engage in any conduct that restricts or inhibits any other person from using or enjoying the Portal;
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;
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
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:

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].”
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.
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.
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.
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.
No Implied Endorsement: You must not represent or imply that eThekwini Municipality endorses, approves, or sponsors your analysis, interpretation, product, service, or organisation.
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.
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:

the Data is accurate and error-free to the best of your knowledge;
the Data and all supporting materials are not deliberately misleading, defamatory, or intended to create a false impression;
the Data does not violate any applicable law, regulation, or third-party right, including any intellectual property right or right to privacy;
the Data does not contain any viruses, malware, harmful code, or other destructive content;
the Data contributes meaningfully to the understanding, analysis, or use of South African public data;
you have provided the most comprehensive metadata and contextual information possible to assist other users in correctly interpreting and utilising the Data;
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
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:

does not contain viruses, malware, harmful code, or any other disruptive or destructive content;
is not spam, machine-generated, or designed to manipulate search engine rankings or drive traffic to third-party sites;
is not pornographic, violent, threatening, harassing, or defamatory, and does not violate the privacy or publicity rights of any third party;
does not mislead readers as to the identity or affiliation of the author;
does not contain derogatory, discriminatory, or hate speech directed at any person or group; and
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.

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.

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.

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

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))

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

Navigation

Legal & Compliance

Contacts

A Partnership With:

Our Cookie Policy (In Short)

Our Cookie Policy (Full Version)

1. Definitions

2. What Cookies We Use and Why

2.1 Strictly Necessary Cookies

2.2 Performance and Analytics Cookies

2.3 Functional Cookies

2.4 Cookies We Do NOT Use

3. Specific Cookies in Use

4. Legal Basis for Processing

5. Managing and Controlling Cookies

5.1 Portal Cookie Banner

5.2 Browser Settings

5.3 Third-Party Opt-Out Tools

6. Data Retention

7. Cross-Border Transfers

8. Updates to this Cookie Policy

9. Contact Us

EDGE Portal: Privacy Policy

1. Responsible Party Details

2. Scope of this Privacy Policy

3. Personal Information We Collect

3.1 Information You Provide Voluntarily

3.2 Information Collected Automatically

3.3 Special Personal Information

3.4 Children’s Personal Information

4. Lawful Basis and Purposes for Processing

5. Your Rights as a Data Subject

5.1 Right to be Notified

5.2 Right of Access

5.3 Right to Correction and Deletion

5.4 Right to Object

5.5 Right to Withdraw Consent

5.6 Right to Complain to the Information Regulator

6. How We Share Your Personal Information

6.1 Service Providers (Operators)

6.2 Legal Obligations

6.3 Protection of Rights

6.4 Aggregate and Anonymised Data

7. Cross-Border Transfers of Personal Information

8. Security Safeguards

9. Notification of Security Compromises

10. Retention and Destruction of Personal Information

11. The Eight Conditions for Lawful Processing

12. Updates to this Privacy Policy

13. Contact Information and Complaints