Gauteng High Court declares health department’s failure in cancer treatment unconstitutional

The Gauteng High Court in Johannesburg has ruled that the provincial health department’s failure to provide radiation oncology services is both unlawful and unconstitutional.

This decision comes after advocacy group Cancer Alliance, represented by Section27, took the Gauteng Department of Health to court, accusing it of violating cancer patients’ constitutional right to healthcare.

A Three-Year Backlog in Cancer Treatment

One of the key issues raised in court was the severe backlog of cancer patients awaiting treatment. According to a March 2023 backlog report, a staggering 2,400 cancer patients were waiting for treatment, some for as long as three years.

Gauteng High Court

The prolonged delays have raised serious concerns about the deteriorating health of patients, with some dying before receiving treatment.

Funding Delays and Mismanagement

To address this crisis, Gauteng Treasury allocated R784 million to the provincial health department in March 2023 to clear the backlog.

An agreement was reached that a service provider would be appointed by August. However, the department only advertised the tender in October, causing further delays and leaving cancer patients in a state of uncertainty.

Adding to the concerns, the Cancer Alliance discovered that R250 million of the allocated funds had been set aside for planning services, rather than actual cancer treatment.

This meant that patients on the backlog list would still have to wait indefinitely for life-saving radiation therapy.

High Court Steps In

In response to the legal challenge, the Gauteng High Court intervened, blocking the department from using the R250 million until the outcome of a review application.

Additionally, the court issued the following orders:

1. The provincial health department must update the backlog list within 45 days.

2. A detailed report must be submitted on the progress of providing radiation oncology services.

A Victory for Cancer Patients

The court ruling has been hailed as a major victory for cancer patients and healthcare activists.

The Cancer Alliance and Section27 have long argued that the lack of access to oncology services in Gauteng is a violation of the constitutional right to healthcare.

“This ruling reinforces the government’s responsibility to provide essential healthcare services. Cancer patients should not have to suffer or die due to administrative failures and delays,” said a spokesperson from Section27.

The Bigger Picture: A Failing Healthcare System

This case sheds light on broader issues within the public healthcare system, particularly chronic underfunding, mismanagement, and inefficiency.

Gauteng is home to some of South Africa’s largest hospitals, yet cancer patients continue to face delays due to equipment failures, staff shortages, and poor administration.

While the court ruling is a step in the right direction, healthcare activists warn that without proper oversight and accountability, the backlog will continue to grow.

What’s Next?

• The health department must act swiftly to clear the backlog and provide cancer patients with the treatment they need.

• The court-ordered progress report will be closely monitored to ensure real action is taken.

• Activists and legal experts will continue to hold the government accountable for failing cancer patients.

For now, cancer patients and their families await real change, hoping that the court’s intervention will finally lead to timely and life-saving treatment.