The Cancer Alliance says it is disappointed by the High Court’s overturning of a previous ruling that a March judgment ordering Gauteng Health to “take all steps to provide radiation oncology services to cancer patients on the backlog list” was immediately enforceable, pending an appeal to the Supreme Court of Appeal (SCA).
News24 reports that on 27 March, the court had ruled as unlawful and unconstitutional the department’s failure to promptly devise and implement a plan to provide radiation oncology services at Charlotte Maxeke and Steve Biko hospitals to patients on the backlog list.
It had ordered the department to “update the backlog list … within 45 days” and “take all steps necessary to provide radiation oncology services to backlog patients awaiting treatment”.
It was also directed to submit progress reports within three months.
The department has since been granted leave to appeal the ruling to the SCA.
In the interim, in August, the alliance secured an order that the relevant sections of the March ruling were not, as is usually the case, suspended.
On Monday, however, that decision was overturned on appeal.
A full Bench noted that the court had previously made a finding of exceptional circumstances, based on the plight of patients on the backlog list who had been waiting for years.
“While this court has empathy for the … patients and understands that anyone facing death must urgently obtain and access the required medical treatment in terms of Section 27 of the Constitution, there is, however, in our view, insufficient evidence supporting (the Cancer Alliance’s) argument that (the department is) dragging its feet in implementing its constitutional obligations. There is, to the contrary, overwhelming evidence that the waiting list has been reduced,” said the three-person panel.
The court also said the waiting list was constantly changing, described the Cancer Alliance’s “insistence on how the (department) should conduct their functions” as “interference and encroachment”.
A statement issued by SECTION27 – representing the Cancer Alliance – said it noted the judgment “with disappointment”.
“This … implies that the March 2025 judgment, while it still stands as a victory to the Cancer Alliance and cancer patients awaiting radiation oncology, is suspended pending the finalisation of the appeal in the SCA.
“While the ruling delays the implementation of critical relief for patients awaiting radiation, Cancer Alliance and SECTION27 remain steadfast in our commitment to securing improved access to healthcare. The matter will now proceed to the SCA, where it will hopefully be set down for hearing in the first term of 2026.”
Gauteng Health, meanwhile, welcomed the ruling, saying it remained committed to improving oncology services.
“Access is a critical priority, and efforts to improve turnaround times and reduce waiting lists are ongoing.”
It said collaborative measures were in place, “with national and provincial Treasury structures to secure adequate resources for oncology services”.
“Furthermore, the clinical and operational plan for improving these services is currently being implemented at both Charlotte Maxeke and Steve Biko hospitals.”
See more from MedicalBrief archives:
Gauteng Health accuses Cancer Alliance of interference as case postponed
Gauteng Health sued over unspent cancer millions
Cancer Alliance research: Gauteng state hospitals’ failures hamper treatment