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Gauteng court slams health department: cancer patients cannot wait any longer
‘No luxury of time’: Court tells Gauteng Health to act now
The Gauteng High Court has sent a firm message to the province’s health department: cancer patients cannot wait. In a ruling that carries both urgency and accountability, Judge Fiona Dippenaar emphasised that delaying treatment for thousands of patients amounts to denying them the right to life and dignity.
The decision comes after years of growing backlogs at public hospitals in Johannesburg. At Charlotte Maxeke Johannesburg Academic Hospital and Steve Biko Academic Hospital alone, nearly 3 000 patients are still waiting for radiation oncology treatment. Some have been waiting more than three years, far beyond the treatment window when radiation can be effective.
“These vulnerable people do not have the luxury of time,” Dippenaar said, warning that further delays could be fatal.
A legal battle with life-or-death stakes
This week’s judgment follows an earlier March 2025 ruling by Acting Justice Stephen van Nieuwenhuizen, who declared Gauteng Health’s failure to provide oncology services both unlawful and unconstitutional. The department attempted to appeal, but the court has now made it clear that the order to provide treatment remains in force while the appeals process unfolds.
In a striking move, Dippenaar ruled that senior officials must carry personal responsibility. The health MEC, the head of department, and the CEOs of the two major hospitals have all been held liable for the legal costs of the application.
The court stressed that every day of delay exposes patients to “irreversible and permanent harm,” not only cutting lives short but also placing immense strain on families and the broader public health system.
Advocacy groups welcome the ruling
Civil society has long argued that the Gauteng Department of Health has failed to act despite receiving dedicated funding. In 2023, R784 million was allocated by the provincial treasury to address backlogs, yet advocacy groups say the money was not spent effectively.
Section27 and the Cancer Alliance, who brought the case, hailed the court’s ruling as a victory for patients’ rights. “This is a critical affirmation of the right to life, dignity, and access to healthcare,” said Section27’s Pearl Nicodemus. She added that legal manoeuvres can no longer be used to delay urgent action.
The Cancer Alliance noted that families are watching loved ones suffer and die unnecessarily while waiting for treatment. “Every day of inaction means more families losing loved ones,” they said.
A system under pressure
South Africa’s public health system has faced many crises, but the cancer treatment backlog has emerged as one of the most urgent. Radiation therapy is time-sensitive: if not delivered within the recommended treatment window, it becomes far less effective, often closing the only chance of cure.
The court’s intervention highlights both a human tragedy and a governance failure. For patients, the decision offers hope that long-overdue treatment might finally come. For Gauteng Health, it is a reminder that excuses and delays will no longer stand in court.
The ruling signals a turning point. Lives now depend on how quickly the department complies.
Also read: Tshwane Parolee Jailed for Life After Raping Nephew and Neighbour’s Son
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Source: The Citizen
Featured Image: Sky News
