Court Ruling: Gauteng Health Must Urgently Prioritise Cancer Care
The Gauteng Department of Health (GDoH) is under intense pressure after the Gauteng High Court in Johannesburg ordered it to prioritise cancer patients in need of radiation oncology. The department tried to stall the ruling with an appeal to the Supreme Court of Appeal (SCA), but Judge Fiona Dippenaar made her position clear: delays cost lives.
The Cancer Alliance, supported by Section27, brought the case to stop government lawyers from hiding behind appeals while patients went untreated.
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Court Directs Immediate Action
Judge Dippenaar ordered the GDoH to compile and update a backlog list of cancer patients and ensure they receive treatment without delay — either in public hospitals or through private facilities.
She dismissed the department’s argument that an appeal automatically suspended the earlier order. “The backlog deprived patients of treatment within the necessary time frames for radiation to be effective, with deadly consequences,” she said.
Irreversible Harm Already Occurring
Dippenaar described the devastating cost of delays. Patients have already died while waiting. Others saw their cancer spread until radiation was no longer an option.
She stressed that the damage extended beyond patients themselves. “Cancer patients incur irreversible and permanent injury that affects not just their health but their families and loved ones, creating a larger public health and societal crisis,” she explained.
She added that enforcing the order immediately would not undermine the department’s appeal. “No irreparable harm to the respondents’ rights to appeal would ensue if the order is executed in the interim,” she said.
A Crisis That Cannot Wait
Cancer advocacy groups welcomed the ruling. The Cancer Alliance has repeatedly warned that every delay in oncology treatment equals preventable deaths.
Section 27 argued that without urgent action, patients would keep “slipping through the cracks” of a collapsing public healthcare system. Dippenaar agreed, reminding the department of its constitutional duty to provide radiation oncology.
“The urgency to grasp the full extent of the crisis and how many patients actually require time-sensitive treatment is clear,” she said.
Gauteng’s Health System Under Strain
The ruling exposes deep cracks in Gauteng’s healthcare system: mounting backlogs, broken machines, and a shortage of skilled oncology staff. Civil society organisations describe the cancer backlog as one of the clearest signs of collapse.
Families face the consequences daily. Patients wait months, often watching their conditions worsen until treatment no longer works. “This case shows what happens when constitutional rights to healthcare are ignored,” a Gauteng health activist said. “It’s not just numbers — it’s mothers, fathers, and children dying because the system is broken.”
Why the Ruling Matters
The High Court’s decision sets a crucial precedent. It shows the judiciary can force government to act when it fails to meet urgent healthcare needs. By putting patients first, the ruling stops the state from hiding behind appeals while lives are on the line.
For hundreds of patients trapped in Gauteng’s backlog, the judgment could mean faster access to radiation treatment, especially through private hospitals contracted by the state.
Legal experts say the ruling also reaffirms a vital principle: the right to healthcare cannot be put on hold because of legal or bureaucratic delays.
Political Will Still Needed
Health activists praised the ruling but cautioned that litigation alone cannot fix the crisis. “It shouldn’t take litigation for the state to do the right thing,” Section27 said. “The Department of Health must take responsibility and implement a proper action plan to stop more lives being lost.”
Without strong political will, broken machines, staff shortages, and poor management will continue to suffocate the system.
A Warning Beyond Gauteng
The cancer backlog is not confined to Gauteng. Other provinces also report broken oncology machines and long treatment queues. Experts warn that cancer care is becoming a litmus test for South Africa’s public healthcare system.
For citizens, the ruling proves that courts can enforce accountability when institutions fail. For the Department of Health, it sends a warning: constitutional rights to healthcare will be enforced, even while appeals are pending.
Final Word
The Gauteng High Court’s ruling is a breakthrough for cancer patients. Judge Dippenaar’s order forces the department to act immediately, making it clear that delays carry catastrophic consequences.
For patients and families, the ruling offers hope. For the GDoH, it creates a challenge: move swiftly to save lives, or face more litigation and deepening public mistrust.
The urgent question remains: will Gauteng Health step up, or will cancer patients continue paying the price of a failing system?
