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Namibia's public and private sectors have encountered substantial industrial or strike action. This article highlights the agency problem that arises between trade union leaders or bargaining agents and the employees or the workers they represent during collective bargaining. The agency problem is a conflict of interest inherent in any relationship where one party is expected to act in another's best interests. How to ensure that the agent acts solely in the interest of the principal is a challenge. The agency problem can occur in companies, non-governmental organisations, professional institutions, governmental bodies or trade unions. Namibian labour laws provide for freedom of association, which includes the freedom to form and join trade unions, and also entrenches fundamental labour rights and protections, and regulates collective labour relations among others. However, the legal framework is silent as to what happens if union leaders or representatives act in bad faith and sign collective agreements that are not in the best interest of their members. This contribution argues that trade union representatives should be held accountable for failing to deliver on their mandates. Compromised trade union leadership or political intrigue in unionism needs to be addressed to minimise the agency problem in industrial action in future. Labour law practitioners should explore effective strategies to address this conundrum and ensure that the best interests of workers are upheld by trade union leaders. Trade unions must be transformative socio-economic movements to remain relevant and sustainable in Namibia or elsewhere. This can be achieved through law reform and by integrating the principles of the law of agency in labour laws to enforce trade union leadership accountability.

Includes bibliographical references. ; The scientific community has shown that climate change is occurring and is caused mainly by human activities. This state of affairs has various societal and environmental implications which has demanded attention and raised concerns about the future of human life on earth. Increasing concerns about climate change has led the international community, regional bodies and national governments to adopt legal instruments and other mechanisms to address the phenomenon. In these efforts and measures mitigation and adaptation have been the prominent response strategies. However, adaptation to climate change has experienced much less attention than mitigation. This research provides a conceptual analysis of adaptation, and discusses some socio-economic and cultural implications of climate change in the Southern African Development Community (SADC), in order to show why adaptation is a better response to climate change. The research outlines and assesses the relevant developments in international, African and mainly SADC's responses to climate change through adaptation in their legal and institutional frameworks. This includes related developments in Namibia and South Africa as SADC Member States. The study advocates for regional consensus to design a holistic policy framework and effective governance on adaptation to climate change in the SADC, as one of the world's most vulnerable regions. As such, the study further examines the aspect of good governance and institutional frameworks as essentials for climate change adaptation in the SADC context. It concludes that it is necessary for SADC member states to cooperate in formulating an integrated and comprehensive protocol on adaptation.