Johannesburg – The Gauteng Department of Health (GDoH) has announced plans to contest a court ruling that found its failure to provide radiation oncology services unconstitutional.

The ruling, delivered on 27 March 2025 in favor of the Cancer Alliance, required the GDoH to revise the backlog list within 45 days, serve approximately 3,000 patients, and submit a report to the Court within three months.

On Wednesday, 7 May 2025, the Court reviewed a request for permission to appeal from the provincial health respondents concerning the favorable ruling for the Cancer Alliance.

The Court approved the provincial health respondents’ request to escalate the case to the Supreme Court of Appeal.

The GDoH expressed its support for Acting Judge S. van Nieuwenhuizen’s decision allowing the appeal regarding the judgment and directive about radiation oncology services, along with the allocation of R250 million, which was unutilized and returned to the Treasury.

The GDoH indicated that it is appealing the entire judgment and expects challenges from the Cancer Alliance, represented by SECTION27.

“While leave to appeal is frequently granted, it is essential to grasp the particular facts of this case as outlined in the judgment and the order being contested by the GDoH,” the department emphasized.