March for Cancer Treatment. Pic Supplied
Johannesburg – The Gauteng Department of Health is heading to the Supreme Court of Appeal after being ordered by a judge to provide urgent treatment to thousands of cancer patients.
This comes after a March 2025 court ruling in favour of the Cancer Alliance, represented by Section 27, which found the department’s failure to provide radiation oncology services unconstitutional.
Instead of complying, the Gauteng Department of Health is appealing the full judgement. The court has now granted permission for this appeal to go ahead. But Cancer Alliance says the Gauteng Health Department must still follow the court’s instructions while the appeal process continues.
“All that is required of them is to fulfil their constitutional duty using money already allocated for it,” said Section 27. “They should already have the information the court asked for if they truly plan to fix the crisis.”
At the heart of the case is a growing crisis: about 3,000 cancer patients in Gauteng are waiting for radiation oncology treatment. Many have been on the list for months or even years.
In 2023, following considerable pressure, the Gauteng Treasury allocated R784 million to address the treatment backlog. However, the Gauteng Department of Health failed to spend the first R250 million on time, resulting in its return.
Although both the National Department of Health and Gauteng Treasury advised how to lawfully and urgently buy services from the private sector, the department instead chose a slower public tender process. The attempt failed. Only one category – for planning treatment, not the treatment itself – was awarded.
Even that planning service provider was not paid after submitting an invoice, court documents revealed.
A second tender also failed. The department didn’t try a different procurement method until September 2024, more than a year after the money became available. Still, the grant only helped one hospital, Steve Biko Academic, while Charlotte Maxeke Hospital, where 2,400 cancer patients are waiting, remains without help.
“It is deeply troubling that the Gauteng Department of Health is appealing a court order that simply tells them to treat cancer patients with money that already exists,” said SECTION27.
The court order also requires the Gauteng Department of Health to update the backlog list, provide treatment, and report on its progress within three months.
Cancer Alliance and SECTION27 say they will fight the appeal and push for urgent action: “We trust that, while this matter continues, the department will at least follow the interim order and deliver the lifesaving care so many cancer patients are waiting for.”
