David vs Goliath showdown as mining giant sues cow herder

It's the mismatch of the millennium: the richest South African is up against one of the poorest in a court showdown over cows.

Ivan Glasenberg, officially the richest person in South Africa, with a personal fortune of more than R60-billion, has little in common with Sprinkaan Masango, an unknown Mpumalanga cattle herder who earns just R2600 a month.

But the two are unlikely foes in a peculiar Land Claims Court tussle involving Glencore-owned Umcebo Mining.

Glasenberg is CEO of Glencore, the world's third-largest mining company and a fast-rising player in South Africa's mining sector.

Last year, Umcebo filed papers against Masango, a labour tenant who has lived on a portion of Grootpan farm, near Middelberg, for 40 years.

Umcebo bought Grootpan three years ago to accommodate families relocated from active mining areas. It claims Masango's cows are getting in the way.

In court papers, the company demands that Masango be restricted to keeping only 14 cattle and 10 goats - and that the rest be impounded by the government.

Masango, who has 48 cattle and 18 goats, said in papers before the court that complying with the demand would destroy the small livelihood he has built up over years.

"My wife, children and I live in a house on Grootpan that I built out of mud and sticks. I have no electricity, running water or piped sewerage," Masango said. "I own livestock and I grow some crops. I have buried two children and a nephew on Grootpan.

"Practically, my cattle are effectively my bank account, retirement annuity, investment for the future and the legacy I wish to leave my children.

"My livestock represent my life's work," he says.

Reducing his herds would rob his sons of their lobola, Masango says.

"I have four sons and each will need six cows for lobola when he marries ... if I am made to reduce the number of cattle I have I will not have enough cattle to provide for lobola, I will not be able to retire and I will not be able to support my family in times of trouble."

But Glencore's South African spokesman, Gugulethu Maqetuka, said the court action followed several unsuccessful attempts to negotiate with Masango.

"Glencore's dispute with Mr Masango ... has arisen because the actions Mr Masango has taken have negatively impacted on the grazing capacity and fertility of the land, and have adversely affected other relocated community members and farmers in the area as his cattle continue to trespass on their allocated land," Maqetuka said.

"In this regard, Mr Masango, who is entitled to 30ha on the current farm, is in breach of his original agreement with the previous land owner, which allowed him grazing rights for a maximum of 14 cattle and 10 goats on the property.

"We have correspondence going back several years showing how we have tried on numerous occasions to agree reasonably to a way forward with regard to his excessive cattle numbers. Umcebo also offered him the opportunity to become a commercial farmer by offering him 192ha to lease on portion 7 of the farm Middelkraal at 50% of the normal commercial rates. This farm has ample grazing land for his livestock," Maqetuka said.

He said Glasenberg was aware of the court dispute.

South African-born Glasenberg, who reportedly spends most of his time in Switzerland, topped last year's JSE-listed company rich list, which estimated his personal fortune at R61.3-billion.

Human rights lawyer Richard Spoor said the Grootpan case was not the only example of Glencore contravening International Finance Corporation guidelines, to which the company subscribed.

"These are rural people. They keep cows and have goats and sheep and have fruit trees - this is how they have lived their whole lives. Rural people are being moved into townships. They have no jobs and no means of supporting themselves. They are sitting there high and dry," Spoor said.

jordanb@sundaytimes.co.za