- Thousands of patients trapped in backlog since 2022, many dying while waiting for radiation.
- Court rules that enforcement cannot be suspended pending appeal, confirming urgency.
- SECTION27 and Cancer Alliance call for immediate compliance by Gauteng Health Department.
The South Gauteng High Court in Johannesburg has drawn a line between life and death. In a ruling that could save thousands, Judge EF Dippenaar declared that Gauteng cannot hide behind appeals while cancer patients waste away on waiting lists. With every day lost, tumours spread, families grieve, and dignity is stripped away.
For over three years, more than 3 000 patients at Charlotte Maxeke and Steve Biko academic hospitals have been trapped in a growing backlog for radiation oncology treatment. Many have waited in vain, their conditions deteriorating beyond treatability. Some died before their names ever appeared on the “dynamic waiting list” the Department of Health in Gauteng relied on, which SECTION27 argued obscured the true scale of the crisis.
Cancer Alliance, represented by SECTION27, returned to court on 5 August 2025 to prevent the enforcement of a March 2025 order from being suspended by the state’s appeal. That earlier ruling, granted by Acting Judge S van Nieuwenhuizen, had declared the department’s failure to develop and implement a plan to address the backlog unlawful and unconstitutional. It compelled the Gauteng Department of Health to update patient lists, provide radiation treatment in public or private facilities, and file progress reports with long-term plans.
Life and death urgency confirmed
Judge Dippenaar agreed that this was no ordinary case, stressing that the consequences of further delay were “irreversible and permanent.” The judgment recorded that some patients had already died while waiting, while others were denied care within the critical windows where radiation could have been effective. “To direct otherwise may well be the death knell for many vulnerable cancer patients… They do not have the luxury of time,” the judge wrote.
The ruling means that paragraphs 5, 6, and 7 of Acting Judge Van Nieuwenhuizen’s March order will remain enforceable while appeals continue in higher courts. Judge Dippenaar noted that the respondents had taken no meaningful steps to comply in the months since the original order, and their opposition lacked substance or urgency.
SECTION27 and Cancer Alliance welcomed the decision as a victory for constitutional rights and a call to action for government. They urged the Gauteng Department of Health, the Minister of Health, and hospital CEOs to stop using legal manoeuvres as delay tactics and instead prioritise the urgent treatment of those in desperate need.
“Every day of inaction means more families losing loved ones unnecessarily,” the organisations warned. For patients who have waited too long, the judgment is more than a legal victory; it is a chance at life restored.
Cancer Alliance statement: Raising voices for patients
On its Facebook page, the Cancer Alliance described the ruling as a reaffirmation of government’s constitutional duty: “This victory is more than just a legal win; it reaffirms government’s Constitutional obligation to provide timely and dignified cancer care.
“As cancer patients, many are not always able to fight for their rights while battling the disease. That is why the Cancer Alliance and cancer NGOs raise their voices on behalf of thousands of patients who are affected every single day.
“We read their stories, we see their struggles, and we live their experiences. By sharing this powerful message, you empower patients to recognise, claim, and defend their rights to health and dignity. Together, we are building a movement that will not be silenced.”
Conviction.co.za
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