On 11 February at a ceremony at State House in Harare, presided over by President Robert Mugabe, the Prime Minister, Morgan Tsvangirai, and the two Deputy Prime Ministers, Thokozani Khupe and Arthur Mutambara, were sworn in.

Addressing the small audience of invited guests, President Mugabe said: “I offer my hand of friendship and co-operation, warm co-operation and solidarity in the service of our great country Zimbabwe. If yesterday we were adversaries ... today we stand in unity. It's a victory for Zimbabwe.”

Despite these conciliatory words, President Mugabe chose the excommunicated former Bishop of Harare, Nolbert Kungona, to give the opening reading and to lead the prayers during the swearing in of Prime Minister Tsvangirai.

Objections from the MDC to Kunonga’s invitation are reported to have been ignored. The disgraced bishop still faces charges, including incitement to murder.

Timed to coincide with the ceremony, the old government’s propaganda machine kept rolling, with state radio reminding listeners that the collapse of the economy and world record hyper-inflation was the fault of Britain.

The final curtain had fallen on President Mugabe’s 29-year monopoly on power, but it was an uneasy start.

Later at a rally, Prime Minister Tsvangirai received a hero’s welcome from the jubilant crowd. Contrary to the spirit of the unity agreement, the MDC came in for criticism prior to the event when they said that no party regalia would be allowed at Tsvangirai’s inauguration.

The following day President Mugabe prepared to re-appoint the same cabinet he recently described as the worst he had ever seen. “They look at themselves. They are unreliable,” he said.

According to the Global Political Agreement (GPA), the Cabinet was to comprise a total of 31 ministers: 15 from Zanu-PF, 16 from the MDC-T and 3 from the MDC-M. However, on 19 February, under pressure from Mugabe, five additional Ministers of State not covered by the GPA were sworn in. In total, an extra 30 ministers were added to the 31 agreed by Zanu-PF and the MDC.

Despite these concessions from the MDC, Mugabe refused to fire Reserve Bank of Zimbabwe Gideon Gono and Attorney General Johannes Tomana, both of whom were improperly appointed in violation of the power-sharing agreement. Under the agreement, all appointments of senior officials by Mugabe have to be made in consultation with the prime minister. Gono is blamed for ruining Zimbabwe’s economy through his policies at the central bank. Tomana, an avowed Zanu-PF supporter, is accused of blocking the release of opposition activists.

A week before the inauguration, Zimbabweans were appalled to learn that the new government – which had committed itself to giving priority to the restoration of economic stability - was spending US$2 million on imported vehicles for the country’s legislators.

The NGO Veritas noted in Bill Watch Issue 7 of 28 February that there were procedural problems with Constitution Amendment No.19 as the gazetted Act does not contain all the Schedules that were in the Bill. Veritas pointed out that it needed to be considered “whether or not the gazetted Constitution of Zimbabwe (No. 19) Act truly reflects the Bill that was passed by Parliament. The gazetted Act does not contain all the Schedules that were in the Bill.”

The introduction of the office of the Prime Minister, as envisaged by the Constitution of Zimbabwe Amendment (No. 19) agreed draft, has the net effect of diluting and mitigating the hitherto imperial powers of the President.

Throughout the transition, the issue of the detainees, their torture, the denial of medical treatment and the appalling conditions under which they have been held has continued to dominate the political landscape. Three of the most seriously ill were Civic leader Jestina Mukoko, Tsvangirai's former aide Ghandi Mudzingwa, and 72-year old MDC activist Fidelis Chiramba.

Roy Bennett, Deputy Minister of Agriculture-designate, who was detained two days after the inauguration, was finally granted bail by a High Court Judge on 24 February. This was blocked by the Attorney General’s office which invoked an act allowing them seven days to appeal the ruling.

While in jail, Bennett has sought to publicise the inhumane conditions under which prisoners are held. A statement released by the MDC reported that prisoners were literally starving to death. Bennett and inmates spent an entire day with a corpse in their cell.

As the spectre of a Truth and Justice Commission looms, Police Commissioner-General Augustine Chihuri has ordered the police to drop all cases relating to murders committed during the run-up to last year’s June 27 Presidential election.

The Southern African Development Community (SADC) has as yet made no funding commitments to Zimbabwe, despite the country’s request for a US$2-billion economic rescue package. SADC’s reticence is predictable given that a R300-million donation from South Africa for agricultural aid to Zimbabwe has been misused by senior people in Zanu-PF.

The agricultural sector remains in crisis, with Mugabe’s leading henchmen mounting a final offensive to drive the remaining white commercial farmers off the land - a direct challenge to the new unity government. These actions are also in direct contravention and contempt of the SADC Tribunal ruling that Zimbabwe’s government violated the SADC Treaty by trying to seize white-owned farms.

Although the GPA insists that the public media provides balanced and fair coverage to all political parties, the MDC is still being denied coverage by Zimbabwe Broadcast Holdings. The state-owned Herald and Chronicle newspapers refused to carry an advertisement submitted by Zimbabwe Democracy Now.

An MDC rally due to take place on the eve of a regional summit on Zimbabwe’s political crisis was banned by the police.

While the country remains mired in political problems, Physicians for Human Rights warns that malnutrition is set to be a major health issue over the next several months.

Tsvangirai finally in power - on paper at least
Guardian, The (UK): 12/02/2009

As Tsvangirai waited to be called forward to accept the oath of office, state radio reminded its listeners that the eradication of the country's economy was the fault of Britain and Prime Minister Gordon Brown. Mugabe was called comrade. Tsvangirai was just plain minister.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE
• ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION

No Party Regalia at Inauguration
MDC (MT) Press Release: 09/02/2009

An MDC press release circulated two days before Morgan Tsvangirai's inauguration read: "No party regalia will be entertained at the event as this is not a party occasion but a major national event."

• ARTICLE X : FREE POLITICAL ACTIVITY
• ARTICLE XII : FREEDOM OF ASSEMBLY AND ASSOCIATION

Mugabe keeps 'worst cabinet'
Zimbabwe Independent, The (ZW): 12/02/2009

President Mugabe last night prepared to re-appoint the same cabinet he recently described as the worst he has ever had. "They look at themselves. They are unreliable." The line-up includes ministers who have proved manifest failures in office.

• ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH

Scathing attack on Zim's bloated govt
Mail and Guardian Online, The (RSA): 24/02/2009

Zimbabwe opposition groups have launched a scathing attack following a decision by their leaders to add more ministers to the country's "global political agreement". An extra 30 ministers have now been added to the 31 agreed by Zanu-PF and the MDC.

• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XX : FRAMEWORK FOR A NEW GOVERNMENT

Mugabe defends appointment of central bank chief, attorney general
African Press Association: 26/02/2009

President Mugabe on Thursday refused to fire the country's attorney general and central bank governor, setting the stage for a potential showdown. The MDC has insisted that Reserve Bank of Zimbabwe governor Gideon Gono and Attorney General Johannes Tomana were improperly appointed. Under the agreement, all appointments of senior officials by Mugabe have to be done in consultation with the prime minister.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH

Zimbabwe splashes US$ 2m on MPs' cars
NewZimbabwe.com (ZW): 03/02/2009

Cash-strapped Zimbabwe will splash US$ 2 million on imported vehicles for the country’s legislators. New MPs and senators in the country’s two bulging legislative assemblies are all in line to access funds to buy cars for use during their constituency business.

• ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH

Procedural problems with Constitution Amendment No. 19
Veritas: 01/03/2009

(It needs to be considered) whether or not the gazetted Constitution of Zimbabwe Amendment (No. 19) Act truly reflects the Bill that was passed by Parliament. The gazetted Act does not contain all the Schedules that were in the Bill. There is also a question over whether another constitutional amendment is needed. The President has appointed and sworn in more Ministers [41] and Deputy Ministers [20] than are permitted by the Constitution as amended by Amendment No. 19. If this outsize executive is to be retained, to give it proper legal authority, incorporating the new numbers either into a re-enactment of Amendment 19 or another constitutional amendment [No. 20] would be necessary.

• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XXIV : INTERIM CONSTITUTIONAL AMENDMENTS

Court Orders Urgent Medical Treatment for Jailed Activists
Zimbabwe Standard, The (ZW): 21/02/2009

A magistrate ordered prison authorities to arrange immediate medical treatment for four detainees accused of committing acts of terrorism, banditry and sabotage. Their defence team is contesting a report by the police claiming that no violations of rights or torture of the detainees were committed.

• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Bennett granted bail, but remains in jail after State opposed
SW Radio Africa (ZW): 24/02/2009

A High Court Judge granted jailed MDC politician Roy Bennett bail, but he will remain in police custody after the State opposed bail. The Attorney General's office invoked a section of the Criminal, Procedure and Evidence Act, which allows them seven days to appeal the ruling.

• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS

Chihuri wants murder charges dropped against perpetrators of violence
SW Radio Africa (ZW): 16/02/2009

Police Commissioner-General Augustine Chihuri has ordered the police to drop all cases relating to murders committed during the run-up to last year's June 27 presidential election. The beneficiaries, if granted, will be Zanu-PF supporters who unleashed a reign of terror in the country during the election period last year.

• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Zanu PF hijacks SA aid package to Zimbabwe farmers
Sunday Independent (RSA): 08/02/2009

South African taxpayers' gift of R300 million in agricultural aid to Zimbabwe, which was supposed to be handed over only after an internationally recognised government of national unity was formed, is being misused for the benefit of President Robert Mugabe's cronies in Zanu PF.

• ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH
• ARTICLE V: LAND QUESTION
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
• ARTICLE XIV : TRADITIONAL LEADERS
• ARTICLE XVI : HUMANITARIAN AND FOOD ASSISTANCE

Mugabe's cohorts begin the final land grab in Zimbabwe
Times, The (UK): 26/02/2009

President Mugabe's leading henchmen have mounted a final offensive to drive Zimbabwe's remaining white farmers off their land in a direct challenge to the authority of the new unity government.

• ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH
• ARTICLE V: LAND QUESTION
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

MDC Still Denied Media Coverage
Radio Voice of the People: 25/02/2009

The Zimbabwe Broadcasting Holdings (ZBH) continues to shun covering MDC activities despite a directive given by the newly appointed Minister of Information Media and Publicity.

• ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION

Herald Editor Refuses Valentines Day ad
Zimbabwe Democracy Now: 18/02/09

The Herald editor refused, on behalf of the state-owned Herald and Chronicle newspapers, to carry a Zimbabwe Democracy Now advertisement, based around Valentine’s Day.

• ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION