Cancer Alliance and SECTION27 express disappointment over High Court ruling
Cancer Alliance and SECTION27 voice their concerns as the Johannesburg High Court overturns a ruling aimed at improving radiation oncology services for cancer patients in Gauteng.
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THE Cancer Alliance and SECTION27 have expressed disappointment at the judgment delivered by the Johannesburg High Court on Monday.
The matter concerned the section 18(4) appeal lodged by the Gauteng Department of Health (GDoH) and the MEC for Health in Gauteng against the ruling of Judge Dippenaar delivered on August 20. In the latest ruling, the court upheld the appeal and set aside the order handed down by Judge Dippenaar.
The outcome follows a series of legal battles aimed at securing access to radiation oncology services for cancer patients in Gauteng.
Cancer Alliance and the patients it represents celebrated a significant victory in March when Van Nieuwenhuizen AJ ordered that the Gauteng provincial health respondents must “update the backlog list of patients awaiting radiation oncology services, provide radiation oncology services to patients awaiting radiation and report to the Court on their progress.”
In a statement released by the Cancer Alliance together with SECTION27, the respondents sought permission to appeal to the Supreme Court of Appeal (SCA), which suspended the operation of that order pending the appeal.
The statement further stated that as part of recognizing the urgency of compliance, Cancer Alliance, represented by SECTION27, returned to the High Court in August 2025 and successfully sought relief under section 18(2) or alternatively (3) of the Superior Courts Act, 2013.
Judge Dippenaar ruled in their favor, compelling the provincial health respondents to act despite the pending appeal.
Cancer Alliance notes, “The provincial health respondents appealed this order on 7 October 2025, and the judgment was released on 8 December 2025.”
In today’s judgment, the Court found that Judge Dippenaar had erred in concluding that exceptional circumstances warranted immediate execution of the order.
It further held that the provincial health respondents had prospects of success on appeal to the SCA and that the updating of the backlog list would not in itself prevent irreparable harm to the patients if not granted.
This means that the March 2025 judgment, while still standing as a victory, remains suspended until the SCA delivers its final decision.
A central issue throughout the proceedings has been the accuracy of the backlog list compiled by Cancer Alliance in collaboration with clinicians and GDoH officials as part of the Task Team established by the MEC for Health in 2022.
Despite the setback, Cancer Alliance and SECTION27 reaffirm their commitment.
“While today’s ruling delays the implementation of critical relief for patients awaiting radiation, Cancer Alliance and SECTION27 remain steadfast in our commitment to securing improved access to healthcare.”
The matter will proceed to the SCA in the new year.