The ruling sets aside the earlier order which found in favour of the Cancer Alliance.
Section 27 says the Gauteng High Court’s decision to overturn a previous court ruling ordering the Gauteng Health Department to take “all steps necessary” to provide radiation oncology services to patients on the backlog list for cancer treatment is disappointing.
Ruling
The ruling, delivered on Friday, 05 December 2025, sets aside the earlier order issued by Judge Fiona Dippenaar on 27 March 2025, which found in favour of the Cancer Alliance.
“While this court has empathy for the concerned patients and fully understands that anyone facing death must urgently obtain and access the required medical treatment in terms of Section 27 of the Constitution, there is, however, in our view, insufficient evidence supporting the Cancer Alliance’s argument that the department is dragging their feet in implementing their constitutional obligations,” a full bench of the High Court ruled.
“There is, to the contrary, overwhelming evidence that the waiting list has been reduced.”
This latest order was immediately enforceable but is pending an appeal to the Supreme Court of Appeal (SCA),
ALSO READ: Cancer patients do not have the ‘luxury of time’, Gauteng court rules
Still a victory
Section 27, representing the Cancer Alliance, said it has taken note of the judgment.
“This judgment implies that the March 2025 judgment, while it still stands as a victory to the Cancer Alliance and cancer patients awaiting radiation oncology, is suspended pending the finalisation of the appeal in the SCA.”
SCA
Section 27 stated that a major issue in dispute in the proceedings has been the accuracy of the backlog list compiled by the Cancer Alliance, working with clinicians and officials at the Gauteng Health Department, as members of the Task Team established by the MEC for Health in 2022.
“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 now proceed to the SCA, where it will hopefully be set down for hearing in the first term of 2026,” Section 27 said.
‘Luxury of time’
In the March ruling, the court declared the province’s health department’s failure to provide radiation and oncology services to cancer patients “unlawful and unconstitutional”.
The Gauteng High Court said the cancer patients do not have the “luxury of time”, handing down a ruling that the Gauteng Health Department must abide by a previous order regarding the provision of radiation oncology services.
It ordered the Gauteng Health Department to take “all steps necessary” to provide radiation oncology services to patients on the backlog list for treatment at Charlotte Maxeke Johannesburg Academic Hospital and Steve Biko Academic Hospital.
ALSO READ: Court grants Gauteng Health’s appeal in the cancer treatment backlog case
