The court said cancer patients do not have the 'luxury of time'.
The Gauteng Health Department said it is studying the Gauteng High Court in Johannesburg’s ruling that it failed to provide radiation and oncology services to cancer patients.
The court on Wednesday said cancer patients do not have the “luxury of time”, handing down a ruling that the Gauteng Health Department had to abide by a previous order relating to the provision of radiation oncology services.
Studying judgment
Gauteng Health Department spokesperson Motalatale Modiba said they acknowledge the judgment regarding the provision of radiation oncology services for cancer patients.
“The department is in the process of carefully studying the ruling to fully appreciate its contents and implications. Once this review has been concluded, the department will determine and communicate the appropriate course of action.
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“The Gauteng Department of Health remains committed to ensuring access to quality healthcare services and will continue to engage all relevant stakeholders in addressing matters affecting patient care,” Modiba said.
Court ruling
In March, the Gauteng High Court in Johannesburg 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.
Factual evidence
On Wednesday, Judge Fiona Dippenaar ruled that the department’s arguments failed to provide factual evidence to counter the applicants’ cases.
“This vulnerable group of people are at the heart of this application. While the respondents contended that they are taking steps to provide radiation oncology treatment to cancer patients, they did not present any evidence that patients on the backlog list are receiving such treatment.
“To direct otherwise may well be the death knell for many vulnerable cancer patients on the backlog list who have been waiting for years for life-saving treatment. They do not have the luxury of time,” Dippenaar ruled.
Legal action
The Cancer Alliance, represented by advocacy group Section 27, filed an application in the High Court in Johannesburg against the Gauteng health department for allegedly failing to spend R784 million allocated by the Gauteng Treasury in 2023.
The radiation and other surgical backlogs showed that about 3 000 cancer patients were awaiting cancer treatment, some for more than three years.
Dippenaar stressed that the backlog meant that patients were being denied treatment within the treatment windows required for radiation to be effective, which had “dire consequences.”
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