Cancer Alliance Sues Gauteng Health Department Over Unspent Cancer Treatment Funds

In a resolute bid to force accountability and action, the Cancer Alliance has initiated legal proceedings against the Gauteng health department regarding a substantial R784 million budget purportedly designated for improving cancer treatment services. Despite the allocation of these funds by the provincial treasury in the fiscal year 2023/24, a glaring backlog remains in radiation oncology and surgical services.

Unified under the Cancer Alliance, a collective of 30 non-profit cancer organizations has now sought the intervention of the Johannesburg high court. They challenge the inaction of the Gauteng health department, calling it both unconstitutional and unlawful, especially in their failure to implement a critical plan that would ensure radiation therapy is accessible at Charlotte Maxeke and Steve Biko hospitals.

Displaying a sense of urgency, the advocacy group has sought relief from the court to compel the department to clear its extensive backlog list by providing necessary services within 45 days, utilizing both public and private facilities.

An additional facet of the Cancer Alliance's legal action includes a request to halt the payment of a R250 million contract to Varian Medical Systems, criticizing the health department for awarding contracts for treatment planning services without appointing actual medical devices to administer treatments.

The stakes are considerably high with approximately 3,000 cancer patients ensnared in limbo, awaiting radiation therapy - a critical component of cancer treatment involving high energy rays targeted at destroying cancer cells. Delays in treatment planning compound patient woes, often leading to disease progression and the need for multiple, more aggressive treatments.

Through their legal representative, public interest law collective Section 27, the Cancer Alliance has highlighted the dire circumstances of delayed treatment recipients, noting that recurrences can significantly hamper their chances of survivability if radiation therapy does not occur within a recommended three-month window.

Salome Meyer, a director at Cancer Alliance, expressed in court documents the growing concern for patients outside of the public eye, whose battles with cancer intensify with each passing day. Meyer underscores the urgency as the backlog list expands and survival becomes increasingly uncertain.

Remarkably, the Gauteng health department has declared its intent to counter the lawsuit. According to their statement, they allege that the Cancer Alliance's legal pursuit stems from a contract dispute involving their preferred provider. The department claims adherence to all processes necessary to deliver radiation oncology services to patients in need.

This grim scenario has prompted the Democratic Alliance's health spokesperson, Jack Bloom, to draw parallels between the current negligence and the tragic Life Esidimeni scandal, signifying a dire warning that history might be repeating itself. Describing the treatment delays as a virtual death sentence, Bloom also critiques the department's pattern of corruption and incompetence.

The issue is now before the courts, with the Cancer Alliance seeking judicial intervention to enforce the responsible use of funds and guaranteeing timely access to life-saving cancer treatments for those in critical need.