Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 2 : Legal Nature and Rights and Duties of Municipalities2. Legal nature |
A municipality—
| (a) | is an organ of state within the local sphere of government exercising legislative and executive authority within an area determined in terms of the Local Government: Municipal Demarcation Act, 1998; |
| (b) | consists of— |
| (i) | the political structures and administration of the municipality; and |
| (ii) | the community of the municipality; |
| (c) | functions in its area in accordance with the political, statutory and other relationships between its political structures, political office bearers and administration and its community; and |
| (d) | has a separate legal personality which excludes liability on the part of its community for the actions of the municipality. |