Gauteng Health Department to Contest Order for Cancer Treatment Services

Johannesburg – The Gauteng Department of Health (GDoH) has announced its intention to appeal a court ruling that found its failure to provide radiation oncology services unconstitutional.

The ruling, issued on 27 March 2025 in favor of the Cancer Alliance, required the GDoH to update the backlog list within 45 days, assist approximately 3,000 patients, and submit a report to the Court within three months.

On Wednesday, 7 May 2025, the Court reviewed a request for permission to appeal from the provincial health respondents regarding the Cancer Alliance’s favorable ruling.

The Court granted the provincial health respondents the right to escalate the case to the Supreme Court of Appeal.

The GDoH expressed its support for Acting Judge S. van Nieuwenhuizen’s decision to allow the appeal related to the judgment and directive concerning radiation oncology services, as well as the allocation of R250 million, which had remained unspent and was returned to the Treasury.

The GDoH indicated that it is appealing the entire ruling and expects opposition from the Cancer Alliance, represented by SECTION27.

“While leave to appeal is frequently granted, grasping the specific details of this case as outlined in the judgment and the order under appeal by the GDoH is essential,” the department commented.