The Gauteng Health Department asserts that it has taken all necessary steps to address the backlog of cancer patients awaiting radiation therapy. Meanwhile, it accuses activists of using the courts to interfere in its operations. The Cancer Alliance, representing 30 cancer organisations, has initiated legal action. They aim to expedite the provision of radiation therapy to patients in Gauteng.
The Alliance’s lawsuit focuses on the department’s alleged failure to utilise R784 million allocated in the 2023/24 budget. This budget is intended to address the province’s radiation oncology and surgical backlog.
The Alliance claims approximately 3,000 cancer patients are awaiting radiation therapy, which helps prevent cancer recurrence post-surgery. The department opposes the lawsuit, which is scheduled for a hearing in the Johannesburg High Court.
In court papers, Arnold Malotana, the acting head of the department, stated that the Cancer Alliance’s application was factually incorrect. He argued it aimed to control the department through judicial means.
An attempt to interfere
He argued that the relief sought by the Alliance was an attempt to interfere with and manage the department from outside. Malotana clarified that the R784 million mentioned in the Cancer Alliance’s papers was intended for use over a three-year medium-term expenditure framework.
It was not solely for the 2023/24 fiscal year. He also refuted the Alliance’s claim that R250 million was designated for a single service provider to outsource radiation oncology services. He explained that only one of the three intended contracts had been awarded.
Varian Medical Systems received a R17.48 million contract for radiation oncology planning services. However, no contracts for specialist oncology or technical services have been awarded. R534 million was allocated for bunkers and radiation oncology equipment.
Radiation oncology planning services involve designing personalised radiation therapy plans for patients. This usually requires a CT scan to map the treatment area and sometimes necessitates devices such as a face mask.
No services billed
The R17.48 million contract value is not guaranteed, Andreas Roedder, head of media for Siemens Healthineers and Varian for Africa and the Middle East, said. This is because billing is done per plan. He noted that while the contract is active, no services have yet been billed. Varian is a subsidiary of Siemens Healthineers, which was spun off from Siemens in 2017.
Malotana disputed the affidavits from Cancer Alliance director Salomé Meyer and several patients. They detailed how their cancers had recurred or progressed due to delays in receiving radiation therapy. The Cancer Alliance has requested the court to prevent the department from spending the R250 million budget allocation until a review of its decision not to provide integrated radiation oncology treatment is completed.
The Alliance has also challenged the department’s decision to award only the planning services tender. They argue that the contracts for specialist oncology and technical services should have been awarded simultaneously. Additionally, it has asked the court to declare the department’s failure to develop and implement a comprehensive radiation oncology services plan unconstitutional.