Alternatively, they would be jailed for 15 days each.
Madiba accused the two of torturing other patients by having sex in their full view and making noise before he convicted them of public indecency.
Chitanda however, said he did not have sexual intercourse with his wife but they only hugged and kissed before he tucked himself in with her on the bed to sleep.
The State however insisted that the couple had sexual intercourse. Edmund Mapope representing the State said Chitanda came into the ward at around 3am and went straight to his wife’s bed. The couple started caressing and kissing and Chitanda removed his jacket and shoes before jumping into bed to join his wife.
The two then had sexual intercourse in full view of Patricia Vuma, Varaidzo Chinomwe and other admitted patients.
Initially the two totally denied doing anything sexual but they quickly shifted their positions when the State threatened to bring in witnesses. They then said they had a sex act but did not have intercourse.
Having a sex act in a legal terms means there was arousal but no intercourse.
Chivende who appeared confused and sought clues from her husband during the trial was warned against looking at first accused each time a question was thrown at her.
“Don’t look at your husband, look at me. Did you have intercourse with the first accused or not?” asked Madiba.
Asked why he behaved that way in the ward, Chitanda said he had not seen his wife for two days and he therefore decided to follow her to hospital.
Chivende did not speak in court most of the time but would take the position or change her defence in line with her husband.
It is the State case that on July 21, 2018 the two indecently exposed themselves and engaged in a sexual act causing offence to other persons who were in the female ward.
“How big is your appetite to an extent that you had to follow your wife to hospital? Why don’t you let people die in peace instead of disturbing them with funny noise that you were making?” asked Madiba.
The two accused were asked to pay a fine of $75 each by 12 October or serve 15 days in prison.