Andries Manana was cleared of both rape charges by the Springs Regional One court on Monday.
It relates to an alleged rape incident which occurred in KwaThema early this year, which resulted in a lesbian woman opening a case of rape.
Magistrate Roy le Roux started proceedings by asking Manana, who was out on bail, to plead after charges were read to him.
He pleaded not guilty to charges of rape by penetrating the complainant, who is known to him, with his fingers and private part.
A statement by Andries was then read, in which he alleged there was consent between him and the victim to engage in sexual intercourse, but they were interrupted by someone who lives in the same yard as the complainant.
People in the courtroom gallery were then asked to leave, to allow the 24-year-old complainant to testify.
In handing down the verdict, magistrate Roy le Roux said it was the victim’s own testimony and medical reports which disputed that there was penetration.
He added that the accused was found not guilty in terms section 174 act 51 of the 1997 criminal procedure act.
Xolile Dzanibe from the Ekurhuleni Pride Organising Committee which fights for the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people said they were not satisfied with the verdict.
He said they were meeting with the prosecutor Lungu Gcobani and the investigating officer on Tuesday to decide on a way forward, adding that their organisation believes reports from a psychologist were not considered.
