The Democratic Alliance (DA) laid criminal charges against Health Minister Aaron Motsoaledi over the lack of oncologists to treat cancer patients in the KwaZulu-Natal public healthcare system.

The DA failed to lay charges of culpable homicide against provincial and national health department heads at the Point Police Station in Durban after alleged legal complications.

Instead, DA shadow minister of health Patricia Kopane and KZN MPL Imraan Keeka had to meet high level police officials at a separate venue.

They have opened charges of culpable homicide against both Motsoaledi and MEC for health Sibongiseni Dhlomo.

The KZN department of health currently does not have any oncologists in the province. A damning report by the SA Human Rights Commission found that the department failed its cancer patients.

Complex legalities

The DA believes that the two men should be first in line to answer for the crisis that the South African Human Rights Commission (SAHRC) report said cost over 300 lives.

Kopane and Keeka were told they could not open the case at the police station because of complex legalities surrounding the SAHRC report.

"We have been referred to the legal head of the police and we will have to leave the police station to go into discussions with that official," Kopane said outside Point Police Station.

The duo were at the police station at 11:00 until 13:00 on Wednesday as highly ranked provincial police descended on the station to address the opening of the case. Charges were eventually laid after 14:00.

The DA officials had to go to a different venue and meet with the head of provincial detectives "because of the magnitude of the case".

"Tomorrow [Thursday] they will appoint an investigating officer. It has been elevated to cluster level," Keeka said.

Keeka said that the oncology crisis, according to the SAHRC report, resulted in the deaths of at least 300 patients.

"Our basis to open our case is in the report. The report provides in great depth what happened to these patients. It is not our job to investigate. Now we must speak to their legal services. Why is this so complex? Why could we not open a case?"

Oversight visit

Keeka said that Dhlomo had to be removed from his position as MEC. Kopane said he should "be ashamed" to still retain his post at the head of health in the province.

"The reason we are pointing out these two is because under their watch, hundreds have died. We have included the minister because he has sat back and allowed all this to happen as well. We are in a crisis and need decisive leadership."

Kopane and Keeka were previously prevented access to the oncology department at the Addington hospital after indicating they would visit it in an oversight capacity.

At the time they had hoped to inspect the oncology unit. They were however physically prevented from doing so by security officials.

Kopane said Dhlomo could not give her a legal precedent outlining why she was denied entry to the oncology department.