EFF lodges ethics complaint against DA’s Mark Burke over R4bn Kastelo probe

The DA has withdrawn him from serving on the standing committees of finance and appropriations. The EFF has formally lodged a complaint against DA Member of Parliament (MP) Dr Mark Burke, accusing him of breaching Parliament’s Code of Ethical Conduct while presiding over a company at the centre of a R4 billion exchange control investigation. Red berets MP Omphile Maotwe, who serves on the Standing Committee on Finance, submitted a sworn affidavit to Parliament’s Joint Committee on Ethics and Members’ Interests on Monday, 24 August 2026. Affidavit In the affidavit, Maotwe alleges that Burke’s role as founder and chairman of Kastelo Proprietary Limited, while simultaneously serving on the committee overseeing the South African Reserve Bank (SARB), created a direct conflict of interest. “Mr Burke held the position of Founder and Chairman of a company at the centre of one of the largest live exchange control matters before the Reserve Bank, while sitting as a full member of the Committee that Parliament entrusts with oversight of the very institution investigating that company,” Maotwe stated in her affidavit. Court ruling The complaint follows a judgment by the South Gauteng High Court on 28 July 2026, which dismissed Kastelo’s application to unfreeze its accounts with Access Bank Limited. The accounts had been blocked by SARB after suspicious transactions exceeding R4 billion were flagged. The court confirmed that blocking orders under exchange control regulations may be issued on “reasonable suspicion” alone, and ordered Kastelo to pay costs on a punitive scale. Burke’s interests Maotwe’s affidavit details that Burke failed to disclose his interests or withdraw from committee proceedings, despite Kastelo being under investigation. “Public reporting to date does not identify any disclosure by Mr Burke to the Committee of this interest, nor any withdrawal by him from Committee business touching the Reserve Bank’s exchange control mandate,” she wrote. The affidavit cites breaches of clauses 6(1)(b), 6(1)(d), and 6(1)(e) of the Code of Ethical Conduct, which require Members of Parliament to declare private interests, avoid using influence to advantage personal business, and withdraw from committee proceedings where conflicts exist. ‘Classic illicit financial flows’ The EFF’s accompanying statement described the transactions as “classic illicit financial flows” and said they represented a serious risk to South Africa’s tax base. “The DA’s finance chairperson sat in Parliament’s Standing Committee on Finance while his company was under investigation by the Reserve Bank. He never recused himself, never disclosed his conflict,” the party said. Politics The matter has already drawn political attention. On 17 August, ANC MP Cameron Dugmore called for Burke’s removal. “You can’t have the wolf essentially having oversight powers over the chicken house.” Two days later, DA parliamentary leader George Michalakis announced Burke’s withdrawal from the finance committee “out of an abundance of caution.” Burke remains an alternate member of the Appropriations and Public Accounts committees. Burke response Burke has publicly responded, stating that the High Court judgment “does not make any finding of wrongdoing against Kastelo, nor myself.” He confirmed stepping down as Kastelo’s chairman and said he has recused himself from Sarb discussions in Parliament, though Maotwe’s affidavit questions when that recusal took effect. ‘Committee must act’ Maotwe concluded her affidavit by urging the committee to act. “Mr Burke’s own position at the intersection of that investigation and Parliament’s financial oversight was, in itself, a risk to public confidence that Parliament’s oversight of the country’s monetary and exchange control system is exercised without fear, favour, or private interest.” The Joint Committee on Ethics and Members’ Interests is expected to consider the complaint in the coming weeks.