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High Court Reversal Leaves Gauteng Cancer Patients Waiting Again
A Court Reversal That Shakes Hopes
On Friday, 5 December 2025, the Gauteng High Court delivered a verdict that reversed a pivotal ruling made earlier this year in favour of the Cancer Alliance. The earlier decision had ordered the Gauteng Department of Health to take all steps necessary to provide radiation oncology services to hundreds of cancer patients on a backlog waiting list. That order has now been set aside, leaving many patients once again in limbo.
In its newest ruling, the Court argued that there was insufficient evidence to support Cancer Alliance’s claim that the department was deliberately delaying treatment. It also maintained that the waiting list has, in fact, been reduced.
The Previous Order: A Lifeline Withdrawn
Back in March 2025, a different panel of the High Court had found for Cancer Alliance. At the time, it declared the department’s failure to provide timely radiation oncology services to be unconstitutional and unlawful. The Court ordered the Gauteng Health Department to update backlog lists and provide detailed improvement plans within a few months.
This earlier ruling followed concerns raised by activists who said that around three thousand cancer patients were stuck on a waiting list for radiation, some waiting years for care. The province had previously received a major allocation of funds to deal with the backlog, but advocates raised alarms that little had improved on the ground.
The Department’s Defence and the Appeal
When the March order was handed down, the department applied for leave to appeal. Officials argued that their efforts to reduce waiting times were already producing results. They insisted that the province was actively working with treasury structures to secure resources and improve oncology capacity.
Cancer Alliance and SECTION27 pushed back. They argued that every day of delay costs patients irreplaceable time, putting lives at serious risk.
What the New Ruling Means and Does Not
With the Court now siding with the Department, the requirement for immediate action is no longer enforceable. For many patients and families, the blow is heavy. Where the March ruling felt like justice finally catching up, this reversal feels like justice paused.
From the Department’s standpoint, they say the fight for better oncology services is ongoing. A clinical and operational plan is already being implemented at Charlotte Maxeke Johannesburg Academic Hospital and Steve Biko Academic Hospital. They claim this ruling supports their focus on improving services without legal interference slowing the process.
Why This Matters Deeply to Joburg
In Johannesburg, where many residents rely entirely on public hospitals, this is not a distant legal story. This affects real people waiting for real treatment right now. Families have been sharing fears and frustrations on social media as they face yet another wave of uncertainty.
Many fear that without strong legal pressure, their right to urgent healthcare may again fall behind bureaucracy. Cancer is relentless, and every month that passes can turn hope into heartbreak.
What Comes Next
Legal experts note that the matter could still proceed to the Supreme Court of Appeal or even reach the Constitutional Court. Those processes take time. Time is the one thing cancer patients never have enough of.
Civil society organisations are expected to keep pushing for transparency on waiting lists and faster treatment turnaround. They insist that constitutional rights can only be protected if government action remains visible and accountable.
While the Gauteng Department of Health welcomes the ruling, the public is waiting for proof of progress. Shorter queues. Fixing equipment. Funds visibly working to save lives. Until that happens, this legal chapter remains a deeply human story of patients trying to hold on to hope.
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Source: The Citizen
Featured Image: STAT News
