The DA in Gauteng notes that the Gauteng Health Department was granted leave to appeal yesterday against the judgement that its treatment of cancer patients is unlawful and unconstitutional.
According to the DA’s Cancer Scandal Tracker, it is now 42 days since the Gauteng High Court’s ruling on 27 March, and Premier Panyaza Lesufi has still not fired Health and Wellness MEC Nomantu Nkomo-Ralehoko and Head of Department Lesiba Malotana. He has not even responded in any way to Justice Stephen van Nieuwenhuizen devastating assessment that: “Backlog list patients have already passed away, waiting for such treatment that has not been forthcoming. Actual, irreparable harm has already occurred, continues to occur and is reasonably apprehended… The provincial health respondents, however, ignore this.”
It is appalling that they are not only appealing the judgement, but also the interim relief granted “requiring it to update the backlog list within 45 days, to provide services to the patients on the backlog list, and to report back to the Court within three months”.
This appeal will further delay the urgent need to drastically reduce the backlog of cancer patients who need radiation therapy.
The undeniable scandal is that the Department failed to spend R250 million in 2023/24 to save the lives of cancer patients, and it has not fully spent the R261 million budgeted for radiation treatment in the financial year which ended last month.
I am challenging Premier Lesufi at the question period next week on Tuesday in the Gauteng Legislature to explain his silence and lack of action on a disaster that has probably cost more lives than the 144 Life Esidimeni mental health patients who died when they were sent to illegal NGOs.
The DA will also remind the Department that they are still obliged to implement the interim relief measures, and should provide the updated backlog list by 2 June, which is 45 working days after the judgement.
Meanwhile, cancer patients will continue to suffer and die while the department fights needless court battles instead of cooperating with NGOs like the Cancer Alliance, Section27 and the Treatment Action Campaign.