Cancer patients in Gauteng remain in limbo as a High Court ruling forcing urgent radiation treatment is overturned. Months, even years, of waiting continue. Picture Credits: iStock
By Aisha Zardad
Johannesburg – Cancer patients in Gauteng are facing yet another heartbreak as a High Court ruling that aimed to force the province to urgently address its deadly radiation backlog has been overturned. The decision has reignited fears over delayed treatment for patients already battling life-threatening illnesses.
The Johannesburg High Court’s judgment reverses an August 2025 order by Judge Dippenaar, which required the Gauteng Department of Health to immediately update its oncology backlog list, provide radiation services without delay, and report back to the court — all while the department’s appeal was still pending at the Supreme Court of Appeal (SCA).
SECTION27 spokesperson Pearl Nicodemus described the outcome as a “major setback” for patients who have already waited months, and in some cases years, for critical, potentially life-saving radiation treatment.
“This ruling prolongs the suffering of patients and undermines urgent action needed to save lives,” Nicodemus said.
Earlier this year, in March, the Cancer Alliance achieved a significant legal victory when Van Nieuwenhuizen AJ ordered the provincial health department to take urgent steps to address the radiation oncology crisis. However, the department appealed the ruling, automatically suspending its enforcement.
Recognizing the urgency, the Cancer Alliance and SECTION27 returned to court in August, seeking a Section 18 order to compel compliance while the appeal process continued. Judge Dippenaar ruled in their favor, but the provincial health department promptly appealed that order as well.
In the latest judgment, the High Court ruled that Judge Dippenaar had erred in finding “exceptional circumstances” to justify immediate enforcement of the March order. The court also noted that updating the backlog list alone would not prevent irreparable harm to patients and stated that the department had prospects of success before the SCA.
Nicodemus said that while the March ruling remains a legal victory in principle, its implementation is now effectively suspended, leaving patients in a state of uncertainty.
“A key issue throughout this litigation has been the accuracy of the backlog list, which was compiled collaboratively by the Cancer Alliance, clinicians, and Gauteng health officials as part of the oncology task team,” she explained.
Despite the setback, both SECTION27 and the Cancer Alliance remain resolute in their fight for equitable healthcare access. The matter is now set to proceed to the Supreme Court of Appeal, where it is expected to be heard during the first term of 2026.
“Patients cannot afford to wait. We will continue to hold the health department accountable and demand immediate action to save lives,” Nicodemus added.
