The Gauteng High Court (Johannesburg) has instructed the provincial Department of Health to immediately provide cancer treatment to patients on a backlog list – some of whom have already died since being on the list, reports TimesLIVE.
The order is a victory for the Cancer Alliance and SECTION27, which have argued in court that it is a matter of life and death for these patients, who will suffer irreparable harm if the court order made in March to initiate treatment is not immediately enforced.
Last Tuesday, Judge Fiona Dippenaar agreed. She said the backlog meant that patients were being denied treatment within the window required for radiation to be effective, which had “dire consequences”.
She added that they faced “irreversible and permanent harm” that affected not only their health but also their families, triggering a broader public health and societal crisis.
Some of the irreparable harm had already occurred as patients had died while awaiting treatment, and others had seen their cancer metastasise, meaning they were ineligible for radiation treatment, she admonished.
On 27 March, Acting Judge Solly Van Nieuwenhuizen had called the department’s failure to develop and implement a plan to address the oncology backlog as unlawful, unconstitutional and in breach of various sections of the constitution.
He ordered the department to update and maintain the backlog list within 45 days of the court’s order; take all necessary steps to provide treatment to those patients, whether at public or private facilities; and file progress reports with the court on measures taken and long-term plans to resolve the crisis.
However, the department went to court, filed leave to appeal and was successful.
On 5 August, the Cancer Alliance and SECTION27 approached the High Court on an urgent basis, asking that the court order be made immediately enforceable and not suspended by the pending appeal proceedings instituted by the Gauteng Heath MEC and the department.
They argued that the court’s order was immediately enforceable, despite the appeal process.
“This judgment is a critical affirmation of the rights to life, dignity and access to healthcare services. It is also a reminder that the state must act with urgency, transparency, and accountability when lives are at stake,” they said.
See more from MedicalBrief archives:
Gauteng Health appeals ‘cancer backlog’ court order
Gauteng Health accuses Cancer Alliance of interference as case postponed