The Gauteng department of health has came out strongly against the Cancer Alliance’s court application to hold the department accountable for its failure to spend millions allocated to fight cancer.
The department says that it will oppose the application which, it claims, was the result of the alliance’s preferred bidder being excluded.
The Cancer Alliance, represented by SECTION27, filed the court application on Tuesday against the department, the Gauteng MEC for Health Nomantu Nkomo-Ralehoko, and nine others.
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.”
The alliance said some of the issues that had contributed to the diminished radiation oncology services in the province included shortages in personnel and equipment.
In March 2022, the Gauteng Department of Health established a cancer crisis task team to advise the Head of Department on the treatment of cancer patients in the province, oversee concerns related to the Occupation Specific Dispensation of radiation oncology personnel, and advise on the procurement processes for cancer equipment.
The task team considered various solutions, including further triage; rental of radiation machines; the appointment of additional personnel; operating the functional machines overtime; and the outsourcing of radiation oncology services.
The Alliance further stated that after having committed to utilising the funds, cancer patients remained negatively affected by reported backlogs.
According to the alliance, in June 2023 the department committed to a plan to address the backlog in providing the services with the funds that were allocated for in the first place, and outsource some of the services to private service providers.
Responding to the court application, spokesperson for the department, Motaletale Modiba, said that the whole court process was inspired by the alleged failure by the alliance's preferred bidder to take part in the tender bidding process.
He added that the department would defend the application in court. "We are aware of the court application by the Cancer Alliance and we are going to be defending it in court, but it is important that the department clarifies that the application is primarily driven by the awarding of a tender in which their preferred bidder or service provider failed to participate within the validity period of the process.
"What we will be doing as a department is to present our case before the court since there is a court process that has since been launched," said Modiba.
On Wednesday, 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 court action to force the Gauteng Health Department to spend budgeted money to save cancer patients reminds me of the negligence that led to lives lost in the Life Esidimeni tragedy.
"I agree with the Cancer Alliance that this is effectively a death sentence for 3000 cancer patients who urgently need treatment.“
Paying R250 million for “planning services” is suspect and irrational," said Bloom.
Bloom added that in light of the recently concluded Life Esidimeni enquiry, the provincial health department has not learnt any lessons adding that thousands of human lives are at risk.
"People should not die because of the Department’s notorious corruption, incompetence, and negligence," he said.
Saturday Star