A municipality-

1. 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;
2. consists of-
   
   1. the political structures and administration of the municipality; and
   2. the community of the municipality;
3. 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
4. has a separate legal personality which excludes liability on the part of its community for the actions of the municipality.

1. Municipalities must exercise their executive and legislative authority within the constitutional system of co-operative government envisaged in section 41 of the Constitution.
2. The national and provincial spheres of government must, within the constitutional system of co-operative government envisaged in section 41 of the Constitution, exercise their executive and legislative authority in a manner that does not compromise or impede a municipality's ability or right to exercise its executive and legislative authority.
3. For the purpose of effective co-operative government, organised local government must seek to-
   
   1. develop common approaches for local government as a distinct sphere of government;
   2. enhance co-operation. mutual assistance and sharing of resources among municipalities;
   3. find solutions for problems relating to local government generally; and
   4. facilitate compliance with the principles of co-operative government and intergovernmental relations.

1. The council of a municipality has the right to-
   
   1. govern on its own initiative the local government affairs of the local community;
   2. exercise the municipality's executive and legislative authority, and to do so without improper interference; and
   3. finance the affairs of the municipality by-
      
      1. charging fees for services; and
      2. imposing surcharges on fees, rates on property and, to the extent authorised by national legislation. other taxes, levies and duties.
2. The council of a municipality, within the municipality's financial and administrative capacity and having regard to practical considerations, has the duty to-
   
   1. exercise the municipality's executive and legislative authority and use the resources of the municipality in the best interests of the local community;
   2. provide, without favour or prejudice, democratic and accountable government;
   3. encourage the involvement of the local community;
   4. strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner;
   5. consult the local community about-
      
      1. the level, quality, range and impact of municipal services provided by the municipality, either directly or through another service provider; and
      2. the available options for service delivery;
   6. give members of the local community equitable access to the municipal services to which they are entitled;
   7. promote and undertake development in the municipality;
   8. promote gender equity in the exercise of the municipality's executive and legislative authority;
   9. promote a safe and healthy environment in the municipality; and
   10. contribute, together with other organs of state, to the progressive realisation of the fundamental rights contained in sections 24, 25, 26, 27 and 29 of the Constitution.
3. A municipality must in the exercise of its executive and legislative authority respect the rights of citizens and those of other persons protected by the Bill of Rights.

1. Members of the local community have the right-
   
   1. through mechanisms and in accordance with processes and procedures provided for in terms of this Act or other applicable legislation to-
      
      1. contribute to the decision-making processes of the municipality; and
      2. submit written or oral recommendations, representations and complaints to the municipal council or to another political structure or a political office bearer or the administration of the municipality;
   2. to prompt responses to their written or oral communications, including complaints, to the municipal council or to another political structure or a political office bearer or the administration of the municipality;
   3. to be informed of decisions of the municipal council, or another political structure or any political office bearer of the municipality, affecting their rights, property and reasonable expectations;
   4. to regular disclosure of the state of affairs of the municipality, including its finances;
   5. to demand that the proceedings of the municipal council and those of its committees must be-
      
      1. open to the public, subject to section 20;
      2. conducted impartially and without prejudice; and
      3. untainted by personal self-interest;
   6. to the use and enjoyment of public facilities; and
   7. to have access to municipal services which the municipality provides, provided the duties set out in subsection (2)(b) are complied with.
2. Members of the local community have the duty-
   
   1. when exercising their rights, to observe the mechanisms, processes and procedures of the municipality;
   2. where applicable, and subject to section 97(1)(c), to pay promptly service fees, surcharges on fees, rates on property and other taxes, levies and duties imposed by the municipality;
   3. to respect the municipal rights of other members of the local community;
   4. to allow municipal officials reasonable access to their property for the performance of municipal functions; and
   5. to comply with by-laws of the municipality applicable to them.

1. A municipality's administration is governed by the democratic values and principles embodied in section 195(1) of the Constitution.
2. The administration of a municipality must-
   
   1. be responsive to the needs of the local community;
   2. facilitate a culture of public service and accountability amongst staff;
   3. take measures to prevent corruption;
   4. establish clear relationships, and facilitate co-operation and communication between it and the local community;
   5. give members of the local community full and accurate information about the level and standard of municipal services they are entitled to receive; and
   6. inform the local community how the municipality is managed, of the costs involved and the persons in charge.

The rights and duties of municipal councils and of the members of the local community, and the duties of the administrations of municipalities, as set out in sections 4, 5 and 6, are subject to the Constitution, the other provisions of this Act and other applicable legislation.