Court rules Gauteng health can't use funds for cancer backlog until a review is done

JOHANNESBURG - The Gauteng High Court in Johannesburg has declared the provincial health department's failure to provide radiation oncology, unlawful and unconstitutional.

Advocacy group, Cancer Alliance, represented by Section27 , hauled the department to court for allegedly violating patients’ constitutional rights to healthcare.

A backlog list from March 2023 showed that 2,400 cancer patients were awaiting treatment, some for over three years.

In March 2023, Gauteng Treasury allocated R784 million to the provincial health department to tackle the backlog of cancer patients.

An agreement was made for a service provider to be appointed by August, however, the department only advertised for a tender in October, causing delays.

The Cancer Alliance raised concerns that the department set aside R250 million for planning services, meaning patients on the backlog list would continue to wait for treatment.

Now, the Gauteng High Court in Johannesburg has intervened, preventing the department from using the money until the outcome of the review application.

The court has also ordered the department to update the backlog list within 45 days and submit a report on progress in providing radiation oncology services.