Harare — NATIONAL Constitutional Assembly (NCA) chairman Lovemore Madhuku is having the last laugh.

Just a few months ago Madhuku was vilified for "trying to derail a parliament-driven constitution-making process for personal gain" when he announced that his group would campaign against the process even before it had started.

His critics said the process backed by Prime Minister Morgan Tsvangirai and President Robert Mugabe was noble and should be given a chance.

"From the start, we said politicians can never be trusted to draft a new constitution," Madhuku said on Friday.

"Look, Mugabe has come out in the open. He is not looking for people's views in the new constitution. The consultative process is just a sham," he said.

Madhuku made the comments as it became clearer that the consultative process called to gather people's views was a mere formality.

Mugabe told members of the Zanu PF Central Committee last week that the new constitution should be based on a draft prepared secretly by representatives of the three main political parties in Kariba in September 2007.

Mugabe went further to stress that people's views should not influence the constitution, arguing that nowhere in the world would drafters seek the opinion of the masses.

"Finally, the decision of the people is sought through a referendum and then ...Everybody must vote.

"Our people have got to be very careful and take precautions not to be derailed, not to be led away from the Kariba draft. We will make the draft available."

Madhuku said Mugabe's pronouncements should be a wake up call for all those who were thinking that the nation could get a new constitution reflecting their views and their aspirations from the process led by politicians.

"What is needed now is to stop this process. Mugabe has to be forced to agree to a process that would allow for people's views to be gathered," he said.

Nelson Chamisa, the MDC-T spokesperson echoed the same sentiments when he said on Friday his party would not allow anyone to derail the process of gathering people's views which had already started countrywide.

"Our position is clear: we reject any attempt to impose the draft on the people. We want the constitution to be driven by the people. The Kariba draft is not the Alfa and Omega of the constitution-making process," he said.

Madhuku is not surprised why Mugabe and any other politician aspiring for the high office of the President are insisting on the Kariba draft.

According an analysis by the NCA, the draft which is noted in the Global Political Agreement, would result in a government dominated by the executive.

Parliament, the judiciary and numerous public offices and bodies would be subject to political manipulation and control. Many of the fundamental rights and freedoms to which Zimbabweans are entitled would not be protected.

The draft leaves the President's expansive, unchecked powers intact.

These powers have often been used for political advantage.

Under the draft, all the executive authority rests in the President "who takes precedence over all other persons in Zimbabwe" and his cabinet.

The President can unilaterally declare war and suspend human rights protections. He can pardon criminals.

He will have unchallenged powers to appoint Vice-Presidents, Ministers, cabinet members, diplomats, ambassadors, the Attorney-General, central bank governor, and service chiefs.

No individual or body would stop him from appointing chairpersons of the Zimbabwe Electoral Commission, the Zimbabwe Anti-Corruption Commission, provincial governors and chiefs.

The NCA found out that the Kariba draft actually eliminated many of the checks on presidential power that were included in the Constitutional Commission Draft rejected in 1999.

It said the Kariba draft removed the need for the President to consult with another office or gain Senate approval when carrying out many executive functions.

"Moreover the draft adds a section from the current constitution which limits the ability of the courts to inquire into the manner in which Executive powers are exercised." said the NCA in its analysis.

While the 1999 draft contained a clause limiting to 20 the number of Ministers, the clause was dropped when Zanu PF and MDC politicians met in Kariba, giving room for a bloated government.

On rights, the NCA found that the draft replicated the weaknesses of the 1999 document.

The Kariba draft fails to protect many vital rights, such as the freedom of the media and the rights of workers to strike.

It however adds pregnant women to the classes of persons protected from unfair discrimination.

But that provision will not placate women who want a constitution that does more than that.

Speaking at the consultative meeting Deputy Prime Minister Thokozani Khupe said women wanted a constitution that provided an enabling framework to facilitate the inclusion of women to decision making bodies such as parliament and cabinet. This would be in line the even the Sadc Protocol.

"In the new constitution we want the issue of women's involvement to be clearly spelt out. If the country becomes a signatory to some of these protocols we must ensure that in the new constitution we have provisions that they automatically become domesticated by an Act of Parliament and that makes them binding."

Women also want the removal of any forms of discrimination in constitution of women on the basis of tradition.

According to section 23 of the current constitution women do not have legal guardianship of their children.

They are not allowed to inherit land. Among other things women want equality with men, representation of women in high political offices, protection from all forms of gender based violence, property and land rights. They also want the right to health and the right to education among others taken on board in the new constitution.

It remains to be seen if Mugabe will have his way and disregard everyone including women from his party such as Vice-President Joice Mujuru who promised a new constitution to the female constituency two weeks ago.