Lives at stake: High Court demands action on Gauteng’s 3 000-patient cancer treatment crisis

The High Court in Johannesburg has mandated the Gauteng Department of Health to act swiftly in addressing the alarming backlog of radiation oncology services that has left over 3,000 cancer patients in a distressing limbo.  

The court's decision comes as a beacon of hope amidst a prolonged healthcare crisis that has exacerbated the plight of those desperately waiting for critical life-saving treatments, particularly at Charlotte Maxeke Johannesburg Academic Hospital and Steve Biko Academic Hospital in Pretoria.  

The motion was instigated by the Cancer Alliance, a patient advocacy group, which on 27 June 2024 called for emergency intervention to ensure the department complies with its constitutional duty to provide adequate healthcare.  

Documents presented during the proceedings revealed a staggering R784 million had been allocated by Gauteng Treasury in March 2023 specifically to address this crisis. Alarmingly, a significant portion of these funds, including R250 million earmarked for outsourcing radiation oncology services, has remained unutilised and subsequently returned to the Treasury, hampered by protracted procurement processes. 

Adding to the frustration, it was disclosed that while Siemens Healthcare was awarded a tender for radiation oncology planning services, it lacked the capability to deliver the immediate treatment desperately needed by backlog patients. This loophole has laid bare the ineffectiveness of the efforts made by health authorities to remedy the situation. 

The presiding Acting Judge Sarah van Nieuwenhuizen expressed severe dissatisfaction with the department’s conduct, stating: "The provincial health respondents have done nothing meaningful since the money was allocated... The health and general well-being of the cancer patients has significantly deteriorated. There is a clear, imminent and ongoing irreparable harm that cancer patients who are on the backlog list are suffering."

As part of the ruling, the Gauteng Department of Health has been ordered to formulate a comprehensive plan within 45 days to address the radiation oncology services backlog and refresh the patient waiting list. Additionally, the court has mandated submission of progress reports every three months to ensure ongoing accountability. 

While SECTION27 and Cancer Alliance have expressed their relief at this judgment, the fight for timely access to cancer care continues. They acknowledge that this ruling is a crucial step forward for thousands of patients and their families whose lives hinge on receiving these essential treatments. "We celebrate with the thousands of cancer patients and their families, whose lives will forever be changed by this groundbreaking judgment,” the organisations said in a statement.

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