2. Legal nature

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.