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

The Economic Freedom Fighters (EFF) has lodged a formal ethics complaint against Democratic Alliance (DA) Member of Parliament Dr Mark Burke over his role at Kastelo Proprietary Limited while Parliament’s oversight structures handled a Reserve Bank investigation into transactions exceeding R4 billion.

Complaint and affidavit

Red beret MP Omphile Maotwe, a member of the Standing Committee on Finance, submitted a sworn affidavit to the Joint Committee on Ethics and Members’ Interests on 24 August 2026 alleging that Burke’s simultaneous position as founder and chairman of Kastelo created a direct conflict of interest with his role on the committee that oversees the South African Reserve Bank (SARB).

In the affidavit Maotwe wrote:

“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.”

Background: SARB probe and 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.

Alleged failures to disclose and recuse

Maotwe’s affidavit states that Burke did not disclose his interests to the committee nor withdraw from committee proceedings related to the Reserve Bank’s exchange control mandate. The affidavit cites alleged breaches of clauses 6(1)(b), 6(1)(d) and 6(1)(e) of Parliament’s Code of Ethical Conduct, which relate to declaring private interests, avoiding use of influence to advantage private business, and withdrawing from committee business where conflicts exist.

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 party added:

“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.”

Political reactions and DA actions

The matter has attracted political attention. On 17 August ANC MP Cameron Dugmore called for Burke’s removal, saying:

“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.” The party has also withdrawn him from serving on the standing committees of finance and appropriations, and Burke remains an alternate member of the Appropriations and Public Accounts committees.

Burke’s response and next steps

Burke has publicly stated 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.

Maotwe urged the committee to act, writing that Burke’s position at the intersection of the investigation and Parliament’s financial oversight was, in itself, a risk to public confidence that oversight of the monetary and exchange control system is exercised without fear, favour or private interest.

What happens next

The Joint Committee on Ethics and Members’ Interests is expected to consider the complaint in the coming weeks.