Gauteng Health sued over unused R784 million cancer treatment funds

Civil society organisations have initiated court action to force the Gauteng Department of Health (GDoH) to spend budgeted money to save cancer patients in the province.

In response to the department’s failure to use R784 million set aside by the Gauteng Treasury to address the radiation backlog and other surgical backlogs in the province, the Cancer Alliance, represented by Section 17, and Treatment Action Campaign have filed an application at the Johannesburg High Court against the Health and Wellness MEC Nomantu Nkomo-Ralehoko, GDoH, and nine others.

“Radiation oncology services are a critical component in the treatment of cancer, and so this case could not be more urgent,” the organisations said in a statement on Tuesday.

“If patients do not receive radiation treatment within the recommended time frame of three months, they often suffer recurrences that necessitate further medical assessment, cancer staging, and sometimes further surgery and chemotherapy before they qualify for radiation treatment again.”

ALSO READ: ‘May I never give up’ – Zanele Mbokazi following cancer diagnosis

‘No meaningful progress’

The organisations allege that despite the allocated money, the department has made “no meaningful progress” to provide oncology treatment to cancer patients on the backlog list.

Instead, the GDoH announced in February this year that they had allocated R250 million for the outsourcing of a radiation and oncology services tender for a year.

Leaving R534 million for the investment in oncology, medical, and allied equipment, including the construction of a bunker to house some of the machines.

“However, given GDoH’s inaction in the provision of urgent radiation oncology services to the 3000 patients on the backlog list, the Cancer Alliance has been forced to bring an application to interdict the paying, disbursing, and otherwise dealing with the R250 million and to ensure that cancer patients on the backlog list urgently receive the radiation and oncology services that they are constitutionally entitled to and for which Gauteng Treasury already made financial provision.”

The application will be heard on Tuesday, 23 July at the Johannesburg High Court.

ALSO READ: Breast cancer: new kind of blood test could predict recurrence

Department to oppose application

Section 17, the Cancer Alliance, and the Treatment Action Campaign have called on the department to fulfil its “constitutional obligation to provide these patients with access to cancer treatment”.

In response to the legal application, the department stated unequivocally that it would be opposing this matter in court.

“It is important to clarify that the application by the Cancer Alliance is primarily driven by the awarding of a tender in which their preferred service provider failed to participate within the validity period,” said department spokesperson Motalatale Modiba on Wednesday.

The department said it takes these allegations seriously and is dedicated to maintaining transparency and accountability.

ALSO READ: Cancer warrior rakes in cash for other victims

“The Department remains committed to providing essential healthcare services for the people of Gauteng. We continue to comply with all requirements to ensure that radiation oncology services are delivered to all patients who need them,” it said.

‘Memories of Esidimeni negligence’

Meanwhile, Democratic Alliance shadow MEC for Health Jack Bloom said the court action reminded him of the negligence that led to lives lost in the Life Esidimeni tragedy.

“I agree with the Cancer Alliance that this is effectively a death sentence for 3000 cancer patients who urgently need treatment. Paying R250 million for “planning services” is suspect and irrational,” Bloom said.

He added that the lessons of the Life Esidemeni tragedy were not learned.

ALSO READ: Fight cervical cancer by taking the jab