Gauteng health dept plans to challenge ruling declaring its failure to provide radiation oncology unlawful

JOHANNESBURG - The Gauteng Department of Health (GDoH) said it plans to challenge a recent judgment that declared its failure to provide radiation oncology, unlawful and unconstitutional.

Advocacy group, Cancer Alliance, hauled the department to court for allegedly violating patients’ constitutional rights to healthcare.

A backlog list from March 2023 showed that 2,400 cancer patients were awaiting treatment, some for over three years.

Although funds were allocated by the Gauteng Treasury two years ago, delays in procurement processes led to challenges in clearing the backlog of cancer patients.

The court has since ordered the department to update the backlog list within 45 days and submit a report on progress in providing radiation oncology services.

Gauteng health department spokesperson, Motalatale Modiba, said the department had filed an application for leave to appeal the judgment.

"Having carefully considered and studied the judgment and order, the legal team representing the GDoH is of the view that there are several substantive grounds of appeal, which if left unchallenged will be greatly prejudicial to the patients undergoing radiation oncology services at the GDoH’s hospitals and may set an undesirable precedent."

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