Tsa Policy Brief
Tsa Policy Brief
PREAMBLE:
The main objective is to present key The study employed mixed methods
challenges that influence the startup and approaches. These included a
business environment in Tanzania and review of existing policies, laws,
present clear and feasible reports/publications, and primary data
recommendations for policy and collection through consultations with
legislative reforms. The study has relevant stakeholders.
developed a framework for reviewing
the business climate for startups by The research team developed and
comprehensively reviewing existing administered three questionnaires for
policies as well as legislative and the baseline study. One questionnaire
regulatory framework challenges in was for ecosystem actors, the second
the light of current best pan-African was for innovation support
practices, including Tunisia, Senegal, organisations (ISOs), and the third
and Kenya. was for startups. The respondents to
the ecosystem support survey
Specific objectives of the project included academic departments,
include: national think tanks, business
registration agencies, development
i) Review and diagnose current partners, regulators and Government
challenges facing startups in ministries. Some of these were also
Tanzania that are related to consulted as part of key informant
policies, as well as to legal and interviews.
regulatory frameworks, which
could potentially be addressed The surveys were administered from
through realistic (legislative) November to December 2021. About
reforms 16 ecosystem actors, 25 innovation
support organisations (ISOs), and 63
ii) Benchmark selected recent African startups responded to the survey.
startup acts from Tunisia, Senegal
and Kenya to develop a clear FINDINGS:
understanding of Tanzania's
legislative framework, comparative The Status of Startup Environment
strengths and weaknesses and its in Tanzania
potentials for reform
In analysing the status of the startup
iii) Prepare tangible, feasible and clear environment in Tanzania, the focus
recommendations and best included assessing key domains that
practices for policy and legislative affect the entrepreneurship and
reforms and further dialogue with
innovation ecosystem as a whole.
policy makers and startup
These domains, which are commonly
ecosystem stakeholders
used in the evaluation of the
iv) Prepare a comparative baseline entrepreneurial ecosystem1, include
report containing startup policies, laws and regulations,
challenges, benchmarks, best financing, business development
practices and recommendations. support, markets, human capital,
1
ANDE “Entrepreneurial Ecosystem Diagnostic Toolkit”, December
2013
research and development culture, compliance with employment laws.
and infrastructure. Much as there is no Also, in assessment of the regulatory
specific policy and legislation on framework, which is made up of the
startups, we found that there are Central Government and local
several policies, such as the Small and governments, the study found that
Medium Enterprises Policy (2003), the there are no specific incentives for
National Trade Policy (20030, the startups, reporting requirements and
National Research and Development penalties for non-compliance do not
Policy (2010), and the National favour new entrants in business (i.e.
Economic Empowerment Policy (2004) startups), tax rates are not favourable
which, in one way or the other, have a and the entry requirements have a
direct or indirect implication on the long list of requirements, some of
startup ecosystem and, therefore, which may be difficult for startups to
have impact in the development of comply.
startups. The most important reform
Another important aspect is on the
is introducing a policy on startups by
intellectual property (IP) for startups.
capitalising on existing policies and
There is a need for orderly protection
their direct or indirect implications on
and sharing of proprietary information
startups. The proposed policy on
in the form of intellectual property
startups has to address the gaps in
assets. Therefore, the national IP
the existing policies. One of the
Policy should, among others, seek to
identified gaps is the fragmentation of
encourage strategic protection of IP
policies, while both are addressing
assets from research, in particular
almost the same thing. The new
and, for the benefit of startups, should
startup policy will also need to
put emphasis on the effective use of
harmonise the roles in the policies
utility models/certificates by enacting
that have implications on startups.
detailed provision under the Patents or
The harmonisation has to be on
the envisaged Industrial Property Act
institutional coordination of both
and commercialisation processes with
research institutions and institutions
users such as startups, SMEs and
that oversee other aspects of the
other large enterprises.
startup ecosystem, such as capacity
building and nurturing of startups, One of the most important legislative
creating a conducive environment for reforms to be undertaken for purposes
startups on all pillars or domains of of creating a favourable environment
startups. for the startup ecosystem is passing a
specific piece of legislation on
On legal and regulatory framework, as
startups. Much as policies and laws
one of the key aspects affecting the
are inter-related, it is important to
startup ecosystem, an assessment
enact a particular law that sets
was made on aspects such as business
standards and procedures, which all
entry requirements, the cost of
stakeholders must follow. In addition,
starting business, tax rates, available
having a specific law on startups is
incentives and major compliance
important because, much as the SMEs
issues ranging from tax compliance to
Policy is in place, no legislation has amended to accommodate what will
been passed to give that policy the be in the startup law.
force of law. Also, the National
Benchmarking Other African
Research and Development Policy,
Countries with Tanzania
2010, which is very key in the startup
ecosystem, is not, to a large extent,
reflected in the Tanzania Commission
for Science and Technology Act, 1986,
a key legislation in research and
development. This is so because, after
the passing of the policy in the year
2010, the 1986 law was not amended
to reflect and give legal force to 17 countries
with Small
important aspects in the Policy. Business Acts
(Orange)
3 Countries with
The startup legislation should Startup Acts
(Blue). These
recognise the pre-startup stage where are Tunisia,
Senegal and
nurturing is crucial for entrepreneurs Kenya
1 Country (Mali)
to go to the startup stage. The law with a draft
Startup Act
should have clear provisions on the (Blue)