DA calls for Gauteng health MEC’s removal after court rulings on cancer patients  

The radiation and other surgical backlogs showed that about 3 000 patients were awaiting cancer treatment.


The DA has called for the dismissal of Gauteng health MEC Nomantu Nkomo-Ralehoko and her head of department, Lesibia Malotana, following two damning court judgments on their failure to treat cancer patients.

The DA’s Jack Bloom made the call in the Gauteng Legislature on Tuesday when he asked Gauteng Premier Panyaza Lesufi why he had not removed Nkomo-Ralehoko and Malotana following the second court ruling on 20 August, which stressed that cancer patients do not have the “luxury of time” in being treated for cancer.

‘Mediation’

“Responding to my questions, he said he would await the outcome of a mediation between the department and the cancer interest NGOs [non-governmental organisations], who took it to court.

“I asked for the department’s legal costs in this matter, and why he has not stopped the department appealing against the High Court’s ruling on 27 March 2025 that their negligence was unlawful and unconstitutional,” Bloom said.

Lesufi said he had asked for the cost calculation to be done, which would then be provided to Bloom.

“I’ve requested that the state law advisor study the judgment and its implications and advise me accordingly. As soon as I receive this advice, I’ll make a public pronouncement on this matter,” Lesufi said.

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Tenacity

Bloom said they will not stop until Nkomo-Ralehoko is removed.

“We will continue to push for the removal of the health MEC and head of department who preside over a failing department plagued by scandals and financial mismanagement that includes the non-spending of R250 million budgeted for cancer treatment.”

Cancer patients

The radiation and other surgical backlogs showed that about 3 000 cancer patients were awaiting cancer treatment, some for more than three years.

Lesufi said the backlog of cancer patients at hospitals was being attended to.

“I want to assure [Dr Bloom] I’m going to be decisive, but the terms of that mediation were very clear. It does not stop us from attending to the issues of the patients.

“I’ve said it here before. I don’t want us to waste money in the courts. We should waste [spend] money upgrading the theatre room so that people can be attended to,” Lesufi said.

Court rulings

 The Gauteng High Court in Johannesburg ruled in August that cancer patients do not have the “luxury of time”, handing down a ruling that the Gauteng health department has to abide by a previous order relating to the provision of radiation oncology services.

In March, the same court declared the province’s health department’s failure to provide radiation and oncology services to cancer patients “unlawful and unconstitutional”.

The court also ordered the Gauteng health department to take “all steps necessary” to provide radiation oncology services to patients on the backlog list for treatment at Charlotte Maxeke Johannesburg Academic Hospital and Steve Biko Academic Hospital.

After the judgment, the department filed an application for leave to appeal the decision.

The court made it clear that Acting Justice Stephen van Nieuwenhuizen’s judgment and order, handed down on 27 March 2025, will not be suspended until the Supreme Court of Appeal’s (SCA) decision on the respondents’ appeal against the judgment and order, as well as the outcome of any appeal that may be launched in the Constitutional Court.

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