The Department's affidavit, submitted in response to an urgent application by the Society for the Protection of Our Constitution, argues against the necessity to provide emergency aid to the miners, who have chosen to remain underground despite the dangers and available safe exits.

The case, which was temporarily adjourned for Judge Brenda Neukircher's review, has sparked a legal debate over the responsibilities owed to the miners.

The Society for the Protection of Our Constitution is seeking immediate relief for the miners, including water, food, and blankets. However, the Department's stance is that by persisting in their refusal to exit via the safer Margaret Mine Shaft, the miners are engaging in a Voluntary Assumption of Risk, thereby diminishing the obligation to extend emergency assistance.

This legal principle, often invoked in cases where individuals willingly place themselves in harm's way, suggests that the miners' conscious decision to enter and remain in the perilous shaft implies consent to the associated risks.

The outcome of this case could set a significant precedent for future incidents involving unlicensed prospecting and the extent of governmental duty of care.

--ChannelAfrica--