PRESS STATEMENT | A longer wait for cancer patients: Cancer Alliance and SECTION27 disappointed at High Court ruling

The Cancer Alliance and SECTION27 note with disappointment the judgment delivered by the Johannesburg High Court today. The judgment concerns 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 20 August 2025. The Court upheld the appeal and set aside the order handed down by Judge Dippenaar.

On 27 March 2025, the Cancer Alliance and the cancer patients it represents celebrated a victory. A judgment delivered by Van Nieuwenhuizen AJ held that the Gauteng provincial health respondents must, among other things, 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. Following the judgment, the Gauteng provincial health respondents sought permission from the High Court to appeal the decision to the SCA. This permission was granted. This meant that the operation of the 27 March 2025 order was suspended pending the determination of the appeal in the Supreme Court of Appeal (SCA).

Recognising the urgency of compliance with the March 2025 judgment, Cancer Alliance represented by SECTION27 approached the High Court once again in August 2025 and successfully sought an order in terms of section 18(2) alternatively (3) of the Superior Courts Act, 2013. An application in terms of section 18(2) alternatively (3) of the Superior Courts Act asks the Court to force compliance with an order under appeal (which would otherwise be suspended by the pending appeal) due to exceptional circumstances. Judge Dippenaar ruled in favour of Cancer Alliance, and the provincial health respondents were once again compelled, pending the appeal to the Supreme Court of Appeal, to, among other things, update the backlog list, provide radiation oncology services to patients on the backlog list and report progress to the court. 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 has found that Judge Dippenaar erred in finding that there were exceptional circumstances which warrant immediate execution of the order, that the provincial health respondents have 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 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.

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 GDoH 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.

For media inquiries, please contact:

Pearl Nicodemus | nicodemus@section27.org.za | 082 298 2636