Neelam Rahim | neelam@radioislam.co.za
3-minute read
29 March 2025 | 14:45 CAT

A recent ruling by the Johannesburg High Court has declared the Gauteng Department of Health’s failure to provide life-saving radiation oncology services to cancer patients as unlawful and unconstitutional. The judgment, welcomed by Section 27 and Cancer Alliance, is seen as a critical step in addressing the backlog of patients awaiting treatment.

The case, brought forward by Cancer Alliance against the Gauteng MEC for Health and ten others, highlights the ongoing neglect faced by approximately 3,000 cancer patients who have been waiting for radiation oncology services for over three years. According to Khanyisa Mapipa, Head of Health Rights at Section 27, efforts to engage the department since 2021 have yielded no significant relief for these patients.

In March 2023, the Gauteng Treasury allocated R784 million to address the backlog, with funds distributed in three tranches: R250 million in 2023, R261 million in 2024, and R273 million for 2025. However, the Department of Health failed to utilize the first allocation effectively, resulting in a court battle to enforce the proper use of these funds.

“The first tranche was paid out in 2023, but the department sat on the money for the entire financial year,” said Mapipa. “Instead of securing immediate treatment for patients, funds were directed towards radiation planning services, which are only preparatory steps and do not provide actual treatment.”

Shockingly, investigations revealed that the R250 million initially set aside for patient treatment was returned to the Treasury at the end of the 2023-2024 financial year, further delaying critical medical care. The court strongly condemned this action, stating that the department had failed in its duty of transparency and accountability.

The backlog is attributed to a severe shortage of equipment and medical personnel, with many facilities lacking the necessary machinery and qualified radiation oncologists. “In 2022, the head of radiation oncology at Charlotte Maxeke Hospital was working with just three radiotherapists when at least 30 were needed,” Mapipa revealed.

Further compounding the issue, past procurement attempts have been marred by inefficiency. A tender issued in 2021 resulted in the purchase of machines that did not fit the designated hospital bunkers, rendering them unusable. These machines have been in storage for over three years, and another tender process, initiated in 2022, has yet to result in procurement.

Court Ruling and Next Steps

The court ordered the Gauteng Department of Health to take immediate action by:

• Updating the backlog list to determine the exact number of patients in need of treatment.
• Developing a detailed plan for the provision of radiation oncology services both in the short term and long term.
• Filing a report outlining how they intend to use allocated funds to ensure that patients receive proper medical care.

With this ruling, Section 27 and Cancer Alliance will closely monitor the department’s compliance. “This judgment is a major victory for patients who have been waiting in limbo,” said Mapipa. “It forces the department to act and ensures that the necessary resources are directed where they are most needed.”

The ruling offers hope for thousands of cancer patients, reinforcing the need for immediate action to prevent further unnecessary suffering.

Listen to the full interview on Your World Today with Annisa Essack and Khanyisa Mapipa here.