Johannesburg – The High Court in Johannesburg has upheld the Gauteng Department of Health’s appeal regarding the highly publicised Cancer Alliance ruling in which it was ordered to provide specific reports and updates concerning cancer services while the appeal was pending.
Earlier this year, the Cancer Alliance secured a court ruling that ordered the Gauteng Department of Health to urgently provide lifesaving radiation oncology services to thousands of patients on the backlog list.
That ruling, which found the department’s actions were unconstitutional, ordered the department and hospital executives to provide specific reports and updates concerning cancer services while the appeal was pending.
However, the ruling upholding the appeal was delivered on Friday, 5 December 2025, and overturns the earlier order issued by Judge Dippenaar on 27 March 2025.
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Commenting on the matter on Monday, 8 December 2025, the department said it welcomed the ruling.
“The high court found that the department’s appeal was justified and should be upheld,’’ explained the department in a statement made available to The Bulrushes.
“Consequently, the earlier order under section 18(2) of the Superior Courts Act has been set aside, and the application initiated by the Cancer Alliance was dismissed with costs.
In its detailed reasoning, the Court highlighted several key points:
• There were strong prospects of success in the appeal, making the previous order inappropriate for execution during the appeal process.
• The Court dismissed claims that executing the earlier order would prevent irreparable harm to cancer patients, noting that the Cancer Alliance did not bear responsibility for patient admissions, diagnoses, or treatment.
• Additionally, the waiting list cited by the Cancer Alliance was deemed insufficient to warrant intervention at this stage.
• The Court emphasised the importance of maintaining the right to appeal before an impartial tribunal, as stipulated by section 34 of the Constitution.
In the statement, the department said it remains committed to improving oncology services.
“Access to these services is a critical priority, and efforts to improve turnaround times and reduce waiting lists are ongoing,” the department said.
“Collaborative measures are in place with national and provincial Treasury structures to secure adequate resources for oncology services.
“Furthermore, the clinical and operational plan for improving these services is currently being implemented at both Charlotte Maxeke Johannesburg Academic Hospital and Steve Biko Academic Hospital.”
The department said this judgment reinforces its stance on respecting proper appellate processes and maintaining executive authority over public health services.
The department said it remains committed to providing equitable, safe, and constitutionally compliant cancer treatment services, including improving systemic gaps to shorten waiting periods for oncology care.
