Business and commerce require a clear, legal framework and have a strong interest in the rule of law. Business should support prosecution authorities to overcome their lack of resources, which is a legacy of State capture, says business association Business Leadership South Africa (BLSA) CEO Busi Mavuso.

Corruption comes at a high price to business and the economy and undermines confidence in security of property and contract without which markets cannot function.

"Key institutions of our criminal justice system were undermined as part of a deliberate strategy to ensure impunity. Those deep scars are still with us, and those of us in business are eager to help the healing process and see it through.

"This is why I think it is a good idea for business to support our prosecution authorities in [bringing] to book those implicated in various State capture investigations, particularly the Zondo commission," she says.

The National Prosecuting Authority (NPA) and senior levels of South Africa's investigation services have struggled to find the resources necessary to ensure successful prosecutions, Mavuso points out.

"There are two main ways that business can assist, namely skills and financial resources. We have in our ranks highly capable forensic investigators, researchers, advocates, attorneys and others who can support investigation and prosecution. There are also potential ways that business can support by deploying financial resources to support prosecutions," she adds.

It is critical that any such support is provided on appropriate terms. South Africa's criminal justice system and judiciary is a key part of our government and its independence is sacrosanct. The constitutionally appropriate institutions must always be responsible for decisions made on prosecutions, with the narrow exception of private prosecutions, which may also have a role to play, she avers.

"Any support the private sector provides can only be as an agent, never a principal. We are well aware that corruption was perpetrated not only by those in the public sector but in the private sector too, and justice must be done without fear or favour. The appropriate mechanisms will need to be developed to ensure the right terms to govern any such support.

"I was encouraged by comments in Parliament last week by NPA head Shamila Batohi, who is considering engaging with the private sector to access resources to support the NPA’s work. I think there is a clear sentiment on the side of business to provide the support necessary for prosecutions. Batohi proposed a mechanism, with governance invested in a suitable set of trustees such as retired judges," says Mavuso.

There are ways that the different spheres of our society can come together to ensure we deliver justice to all those implicated in State capture, and corruption more broadly.

She says the BLSA is willing to work with the NPA and other parts of the criminal justice system to design appropriate methods. The BLSA has a proud history of supporting the fight against crime broadly through Business Against Crime, a division within the BLSA.

This has played a complementary function to the police and other institutions to ensure the private sector’s information and other resources can appropriately support the fight against crime.

Further, the BLSA welcomes President Cyril Ramaphosa's strong commitment to pursue and accelerate prosecutions against those implicated in Covid-19-related tenders and in Judge Raymond Zondo’s reports into State capture.

"BLSA is committed to supporting prosecution processes and capacitating the NPA and we are assessing ways in which we can do so without compromising any ethical considerations," she says.