ActionSA Notes the Gauteng High Court Interdict Against the Health Department, Calls for Urgent Intervention and Accountability

ActionSA applauds, with deep concern, the judgement handed down by the Gauteng High Court to interdict the Provincial Health Department from using the R250m which was allocated to address the backlog of cancer patients’ treatment.

This follows an application to the court by the Cancer Alliance in response to the Department’s failure to spend R784 million which was set aside by the Provincial Treasury in 2023 address radiation oncology and surgery backlogs.

With over 3 000 patients on the backlog list, the department’s inaction could result in losses of lives and is closely tinkering on the edges of criminality and negligence. With the lessons that came out of the Esidimeni tragedy, the department should ensure that those who require medical assistance are provided with it timeously and expeditiously.

According to oncology experts, if cancer patients do not receive radiation treatment within the recommended time frame of 3 months, they are more likely to suffer recurrences which then necessitate further medical assessments, cancer staging, further surgery and therapy before qualifying for radiation treatment again. The Department’s failure to provide these services greatly compromise cancer patients

Despite the plan that the department committed to in June 2023 to outsource the provisions of oncology services, only the planning portion was advertised and awarded in November of the same year, and not the provision of integrated services. Since then there has been no progress.

The provision of health is a right enshrined in our constitution and the failure to do so has been declared unlawful and unconstitutional. Gauteng residents cannot be led by a constitutional delinquent government.

ActionSA has raised the numerous challenges facing the Department’s oncology services, including the R1.1 billion that is owed by foreign nationals to Steve Biko Academic and Charlotte Maxeke hospitals. In her response to ActionSA’s question at the Gauteng Legislature, MEC for Health indicated that public hospitals had provided oncology services to 50% of foreign nationals who had expired documents and to 10% with fraudulent documents. This places further strains on the department and can no longer be ignored.

ActionSA will request the Health MEC to present an urgent plan to remedy this disaster. We cannot allow government to have ring-fenced money being unused whilst residents are in pain and some succumbing to death.

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