Cancer Alliance seeks court intervention for Gauteng Health Dept to provide treatment for cancer patients

JOHANNESBURG - The advocacy group, Cancer Alliance, is seeking court intervention for the Gauteng Health Department to provide radiation and oncology treatment for cancer patients.

The organisation, represented by Section 27, hauled the department to the Gauteng High Court in Johannesburg for allegedly violating patients' rights to receive healthcare as enshrined in the Constitution.

According to the list, populated by the department in March 2023, 2,400 cancer patients were on the backlog list for treatment. The alliance alleges that some have not received treatment in the last three years.

Cancer Alliance submits that in March 2023, Gauteng Treasury allocated R784 million to the Gauteng Health Department to address the backlog urgently.

A meeting between the applicants and representatives from the department saw an agreement that a service provider would be appointed by August 2023.

However, the applicants allege that the department failed to act and only advertised for a tender in October that same year.

Part of the issue for the alliance is that the department set aside R250 million for planning services effectively meaning that patients on the list would still not receive their treatment.

In light of this decision, the alliance has sought to interdict the dissipation of the R250 million pending a review.

It also seeks declaratory relief that the conduct of the department's failure to provide treatment to patients on the backlog list is unconstitutional and that the court directs the respondents to provide the radiation and oncology treatment urgently.