Bloemfontein – Advocate Gerrie Nel says he and AfriForum's private prosecutions unit won't allow the controversial Gupta family and President Jacob Zuma to get off with state capture scott-free.If nobody else will prosecute them, the new unit which he heads would want to take them on, Nel said in Bloemfontein on Wednesday evening. He also hit out at corrupt businessmen, saying the unit would act against them as well, Netwerk24 reported.Nel said he was of the opinion that the leaked Gupta emails could be used as evidence to prosecute.He was referring to the approach that evidence obtained illegally can't be used in a case.- See more: #GuptaLeaks - why the NPA won't act"The argument about this is very technical, but the approach must be how to make it permissible." - #GuptaLeaks Special ReportNel said it was important to take into account that AfriForum's prosecutions unit is not parallel to that of the State."We can just prosecute if the National Prosecuting Authority [NPA] decides not to prosecute. Hopefully the pressure of that alone, will get the NPA to act."If we apply for a certificate to prosecute and the NPA reconsiders prosecuting, we will still consider it a victory. Our intention isn't to prosecute ourselves, but to reaffirm the principle of equality in the eyes of the law."Selective prosecutionNel said selective prosecution was a big problem in South Africa.Corruption on local level was another of the unit’s targets, especially in the private sector."When stadiums were built for the 2010 Soccer World Cup, city councils paid R14bn more as a result of collusion between contractors and suppliers wanting to cash in."It was businessmen from the private sector who enriched themselves from corruption to such an extent that it made Nkandla look like small change."Nel said it was sad that South Africa, which the international community had held in great esteem as a nation with integrity, had slipped to where it was now.Nel confirmed that he would be back in Bloemfontein on September 15 for the appeal against the reintroduction of 783 charges against Zuma.