MEC for the Gauteng Department of Health (GDoH), Nomantu Nkomo-Ralehoko has welcomed the postponement of a Gauteng High Court, Johannesburg, matter between itself and the Cancer Alliance.
Last week, the Gauteng Department of Health came out strongly against the Cancer Alliance’s court application to hold it accountable for its failure to spend millions allocated to fight cancer.
‘The Star’ reported last week that the alliance accused the department of failing to spend more than R784 million allocated by the Gauteng Treasury in 2023 to address the radiation and surgical backlogs in the province.
It is seeking the interdict to force the department to provide urgent cancer treatment as the delays were “unlawful and unconstitutional”.
In a statement on Tuesday, spokesperson for the department, Motalatale Modiba, said the department is not opposed to the postponement.
According to Section27, which represents the Cancer Alliance in the matter, the postponement was due to delays by the department and service providers contracted to provide oncology services filing the papers late on Friday, instead of the previous week on Friday.
On Monday, Section27 said it was forced to approach the high court to request a postponement of the case brought by Cancer Alliance, which was scheduled to be heard on Tuesday.
“The MEC for Health in Gauteng, the Gauteng Department of Health and the two hospitals that provide radiation oncology services in the province only filed their answering affidavit in the case on the evening of Friday, 19 July 2024. The Respondents' answering affidavit had been due on 12 July 2024 and they then asked for an extension to 16 July 2024.
“As a result of the delay, Cancer Alliance is now considering its response and preparing a replying affidavit and the matter will not be able to proceed tomorrow. We will advise on the new date once one is allocated by the judge,” said the Cancer Alliance through a statement by Section27.
Responding to the postponement of the matter, Modiba said:“The department did not oppose the postponement of the application to a later date by the Cancer Alliance. The applicant will approach the court once further pleadings and documents have been filed for a date as the postponement is with no set date for return to court,” Modiba said.
The department said over time, it has understood that this matter was not an urgent matter as it was prepared to argue its case in court.
“The GDoH has consistently maintained that this matter does not belong in an urgent court or any court for that matter. The department is prepared to argue the case in court when necessary.
“Furthermore, the department remains committed to providing essential healthcare services to the people of Gauteng and continues to ensure radiation oncology services are delivered to patients who need them,” he said.
Last week, following the court application, DA shadow MEC of health in the province, Jack Bloom, accused the MEC of negligence, saying this failure to make use of the funds would result in yet another Life Esidimeni tragedy.
The Star