Health advocacy groups rejoiced as a judgment favoured patients awaiting radiation oncology services. However, the Gauteng Department of Health is set to challenge the order in court.
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When citizens cast their votes for a government, they do so with hopes that their lives will improve, particularly when it comes to essential services like healthcare.
However, there is a disheartening legal battle going on between the Cancer Alliance, Section27, and over ten other advocacy organisations versus the Gauteng Department of Health (GDoH).
The GDoH had abruptly ceased the provision of oncology services to around 3 000 cancer patients, many of whom possibly lack the luxury of medical aid.
These vulnerable individuals have already endured the pain of being on waiting lists for over three years. Alarmingly, the situation persists despite the Gauteng Treasury's allocation of R784 million in 2023, intended to alleviate the treatment backlog.
What has led to this grim scenario? The province's treasury earmarked substantial funds to address this healthcare crisis, yet the GDoH finds itself entrenched in a legal battle instead of using those resources to provide life-saving treatment.
A recent ruling by Acting Judge Stephen van Nieuwenhuizen corroborated that "the provincial health respondents have done nothing meaningful since the money was allocated in March 2023 to provide radiation oncology treatment to the cancer patients."
Furthermore, the judge said: ''The health and general well-being of the cancer patients have significantly deteriorated. There is a clear, imminent, and ongoing irreparable harm that cancer patients who are on the backlog list are suffering."
The court then ordered the GDoH to clear treatment backlong involving 3000 patients.
The court's attention was drawn to years of unsuccessful attempts by cancer advocacy groups to negotiate and engage constructively with the department, only to confront bureaucratic inertia in return.
The Democratic Alliance has revealed that the GDoH did not use R250 million allocated for 2023/24 to save lives, nor did it expend R261 million set aside for radiation treatment in the recently concluded financial year.
The GDoH has since filed a notice of application for leave to appeal the judgment on several substantive grounds, as confirmed by spokesperson Motalatale Modiba.
While the department claims its commitment to upholding constitutional mandates to ensure healthcare access for all, Modiba expressed confidence in the judiciary, suggesting the appeal process would provide an opportunity to address the multitude of issues raised in this consequential matter.
As this legal tug-of-war unfolds, the plight of cancer patients awaiting treatment remains dire, with the backlog showing no signs of abating.
While the government seeks redress through the courts, the very people it pledges to protect continue to suffer in their most vulnerable moments.
