By Lesedi Sibiya-Diplomatic Insider 

SECTION 27 and the Cancer Alliance have expressed their approval on a judgment handed down by Judge Dippenaar today in the case concerning the Cancer Alliance v MEC for Health that would ensure the protection of cancer patients’ right to healthcare. 

The case in hand, outlines the need for the Department of Health to provide urgent health care to cancer patients by giving them Radiation Oncology Services for whoever meets the criteria for the treatment. 

The Cancer Alliance and Section27 have expressed that this ruling be passed immediately in order to facilitate the needs of these patients and to avoid further harm on these patients due to their illness.

 “Some of the irreparable harm had already occurred as patients had died while waiting for treatment, and others had seen their cancer metastasise, rendering such patients ineligible for oncology radiation treatment.” said Judge Fiona Dippenaar on Wednesday in regards to the ruling.

 Judge Dippenaar expressed that what influenced her ruling is that due to the irreparable harm of these patients, many families have been under distress and she has expressed that this creates a public health and societal crisis. 

In March it was declared that the failure of the health department to come up with a coherent and efficient strategy to eliminate the backlog of the Oncology services was unlawful and has even expressed that this is also a breach of the constitution, the declaration was made by acting Judge Solly Van Nieuwenhuizen.

 Van Nieuwenhuizen had ordered the Department of Health that this backlog issue be resolved within 45 days of the ruling, as well as take the necessary steps and precautions to give treatment to the patients that are in need of it. 

The Department of Health however had moved to appeal this ruling and was successful in doing so. Section27 and The Cancer Alliance approached the Johannesburg High Court to request that the March ruling be enforced immediately to avoid any delays made by the department’s appeal on the 5th of August.

 “We also argued that providing radiation oncology services to patients who meet the criteria for treatment is the constitutional obligation of the department. This judgement confirms Cancer Alliance and Section27’s position and makes it clear that the government cannot delay its constitutional duties while patients’ lives hang in the balance…This judgement is a critical affirmation of the rights to life, dignity and access to healthcare services. The judgement is also a reminder that the state must act with urgency, transparency, and accountability when lives are at stake.” they said in a joint statement.